1976, January, Pg. 20. On the Soapbox.

• Author: by Christopher R. Brauchli

5 Colo.Law. 20

Colorado Lawyer

1976.

1976, January, Pg. 20.

On the Soapbox

20On the Soapboxby Christopher R. BrauchliProfessions and Occupations---Dead Human Bodies(fn*)

Following the practice which was established last year of alerting members of our profession to impingements upon its prerogatives by the legislature, it is my unpleasant duty to alert probate lawyers to an area of their practice which has lost some of its significance because of legislative action.

Conscientious will drafters have for many years, when talking with clients about matters testamentary, included as part of their prattle an inquiry as to whether or not the client wishes to make a gift of part or all of his body to appropriate donees. A well equipped attorney usually has in his file forms for gifts to the eye bank, disposition of the body to a medical school, and the like. Most clients are appreciative of the attorney's thoughtfulness in presenting them with these forms.

As a result of the enactment of House Bill 1426 by the 1975 legislature, clients no longer need look to attorneys for this service. Instead, House Bill 1426 provides that if a person wants to make a gift of all or part of his body he may do so through the Department of Revenue at the same time as he applies for a driver's license. This may seem macabre to some, but a moment of reflection will bring with it the realization that there can be no more appropriate time to think of bodily disposition than at the time the license is obtained which permits the licensee to wreak havoc not only upon himself but upon those in cars he may happen to encounter.

There will, of course, be an initial shock in drivers' license offices around the state until the provisions of House Bill 1426 become more widely known. Althiough I have not talked with any driver's license examiners, I assume that a bequest of bodily parts will be mentioned at one of two points in the examination (three if it is included as a question in the written exam). Should the applicant fail the eye examination the examiner is apt to comment, nonchalantly, that the examinee will not be permitted to make a gift of his eyes to an eye bank. This will startle the person who not only had not contemplated making a gift of his eyes but did not realize that, had he so contemplated, a driver's license exam was the place that...