How to do it

How to express the consent to post mortem body donation

To express consent to post mortem body donation, a declaration must be drawn up in one of the forms provided by Article 4 of Law No. 219/2017:

  • public deed
  • notarized private writing
  • simple private writing

As indicated by Law  No. 10/2020, the declaration must be delivered to the Local Health Authority of affiliation, which will telematically transmit its information content to the national database, in the separate section devoted to post mortem dispositions.

In this declaration, the disposer must indicate a person of his/her trust (trustee), who is responsible for communicating the existence of the specific consent to the physician who ascertains the death; in the same declaration, the disposer may indicate a substitute for the trustee who plays the role in the event of the death or supervening incapacity of the trustee, if occurring before the death of the disposer or in the event of objective impossibility for the trustee to carry out the duties provided by law in a timely manner. 

The trustee and his or her substitute, if any, must be persons of full legal age and capacity. Acceptance of the appointment by the trustee and the substitute is made by signing the declaration of consent.