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Your health care agent cannot make decisions for you about organ and/or tissue donation.
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New York Law provides a list of individuals who can make decisions for you about organ and/or tissue donation. They are listed in order of priority: your spouse, a son or daughter 18 years of age or older, either of your parents, a brother or sister 18 years of age or older, a guardian appointed by a court prior to the donor's death, or any other legally authorized person.
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Even if you state your wishes on the form, a family member will still need to sign a consent form before any of your organs or tissues can be donated. Noting our wishes on your form can help your family if they have to make this decision.
- If you do not include your organ donation wishes on your Health Care Proxy, it does not mean that you cannot be a donor.
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