About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

90 Maryland Attorney General Reports and Opinions 3 (2005)

handle is hein.sag/sagmd0028 and id is 1 raw text is: HEALTH ORGAN DONATION - GUARDIANSHIPS - WITH RESPECT TO DECISION WHETHER TO DONATE A DECEDENT'S ORGAN OR TISSUES, A GUARDIAN HAS PRIORITY OVER A PARENT WHOSE PARENTAL RIGHTS HAVE BEEN TERMINATED January 3, 2005 Julie Brandt, MSW, LCSW-C Manager of Family Services & Program Development Transplant Resource Center of Maryland, Inc. You have requested our opinion concerning the authority to grant consent for organ or tissue donation. You refer to §19- 310(d)(2) of the Health-General (HG) Article, under which a parent has priority over a guardian for purposes of deciding whether to consent to the donation of a decedent's organs or tissues. Your question is as follows: Does this priority ranking remain in effect if the parent is one whose parental rights have been terminated as a consequence of the guardianship proceeding? With your inquiry, you provided a letter of advice from Marianne DePaulo Plant, Esquire, in which she commented that it is highly unlikely that the Maryland General Assembly intended a natural parent whose parental rights have been terminated to qualify as a 'parent' under that section, and be given ... priority as a representative for organ donation. Consequently, Ms. Plant advised as follows: When a minor decedent's natural parents have had their parental rights terminated, and you have obtained an order to that effect, the most advisable course would be to comply with the instructions of the guardian. For the reasons stated below, we concur with this conclusion. 3

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most