Should I Allow my Living Will Agent to Consent to an Autopsy?

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Written and Reviewed by Experts: This article was created, edited and reviewed by trained editorial staff who specialize in translating complex legal topics into plain language.

Some states include language which authorizes your Agent to consent to an autopsy in your Advance Healthcare Directive. An "autopsy" is an examination of the body after death by a medical expert, usually conducted to determine the cause(s) of death. Except for deaths that appear to have occurred under suspicious circumstances, government officials generally do not have the authority to conduct an autopsy, unless the consent of the deceased person's legal representative (for example, an Executor or surviving spouse) is obtained.

Autopsies are an important way to gather medical knowledge. This includes knowledge for families, such as cause of death and increased awareness of inheritable health problems, as well as knowledge for society, such as better understanding of the cause, course, and treatment of an illness. Most hospitals do not charge for an autopsy. The performance of an autopsy will not delay a funeral or affect viewing of the body.

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Please note: This page offers general legal information, not but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.

Written and Reviewed by Experts: This article was created, edited and reviewed by trained editorial staff who specialize in translating complex legal topics into plain language.

At Rocket Lawyer, we believe legal information should be both reliable and easy to understand—so you don't need a law degree to feel informed. We follow a rigorous editorial policy to ensure every article is helpful, clear, and as accurate and up-to-date as possible.

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This article was written and reviewed by Rocket Lawyer editorial staff
This article was last reviewed or updated on Sep 23, 2022

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