Photo by Andrea Piacquadio from Pexels.

You may have been aware that, in former times, organ donation in England operated on an “opt in” system, whereby anyone interested in donating organs after their death was first required to register their consent on the NHS Organ Donor Register.

As of 20th May 2020, however, the law in relation to the donation of organs has changed. England now functions on an “opt out” system which presumes that all individuals inherently consent to the donation of their organs upon their death.

The new system contains certain safeguards and, for example, does not presume the consent of people who lack relevant mental capacity, and therefore does not apply to them. Also, a specialist nurse will still consult the deceased’s family to check whether the deceased had expressed a wish for their organs not to be donated. 

If you have any questions regarding the implications of this new law, please don’t hesitate do get in touch. We’re happy to discuss this subject with clients in the context of a wider discussion concerning putting their affairs in order.

Jon Grogan PartnerFor example, a Lasting Power of Attorney (LPA) for health & welfare decisions is a very useful document whereby you can appoint your chosen attorneys to be consulted about medical treatment and other issues should you lack mental capacity at any point in the future — it is possible, therefore, to express preferences and wishes in your LPA regarding matters which for many clients are very important and personal.

For more information or advice please contact Jon Grogan at