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Originally Posted by alansmithee
As for this law, it's horrible. Your body is property just like the rest of your estate. Would people support a law that said "unless specifically stated, when you die your estate is donated to charity"? It's the same exact thing, others by default deciding what's best for your estate after you die.
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In Virginia, your estate becomes property of the commonwealth to be disposed of as directed. If you leave no direction (i.e. you have no will) they can do pretty much whatever they want with it. I don't know of any cases where they <i>haven't</i> left the disposition of the estate up to surviving family if an obvious choice is available, but don't assume it's the "default" just because tha's the way the law has set it up in your neck of the woods.
The problem I have with this is some admin-type in a county hospital looking at a report that the 20-something-car-accident-victim-who-was-previously-in-ideal-health has excellent chances of recovery if they try Procedure X.. but rather than saving this person's life, sells the patient for scrap so they can upgrade the NMRI machine. So sad.