All your livers belong to us!

[Beskar]

So, for example, a retarded child could be made to donate a Kidney to their parent - or a comatose patient might donate part of their liver.

It doesn't mean this at all. As I posted in the above:

Spoiler Alert, click show to read: 

Corrections:
1) it is not the mentally handicapped. It is not mentally capable, there is a very big difference. Think vegetative-state and discussing end of life.
2) it is based on preferences ie:living-will in consultation with friends and family and a range professions including an independent assigned by the state to 'act in the persons behalf' which most often or not, always take the 'safe approach' thus will rule to opt-out.
3) This is based on when the client is dead, not when they are alive.

[Philippus Flavius Homovallumus]

It doesn't mean this at all. As I posted in the above:

Spoiler Alert, click show to read: 

Corrections:
1) it is not the mentally handicapped. It is not mentally capable, there is a very big difference. Think vegetative-state and discussing end of life.
2) it is based on preferences ie:living-will in consultation with friends and family and a range professions including an independent assigned by the state to 'act in the persons behalf' which most often or not, always take the 'safe approach' thus will rule to opt-out.
3) This is based on when the client is dead, not when they are alive.

Really?

If that's the case why mention it at all?

The new law allows them to take everyone's organs once they die unless they opt out so what matter the incapable? We're all incapable once dead.

The term "living doner" is understood to mean someone donating whilst alive - and that they will remain so after donating - so what the BBC has said is that the living but incapable, which does not just mean the comatose, may donate without giving their consent if it is deemed to be in their interests.

I don't know where you get the idea that this is only applicable once they die because that isn't what the article says.

is the legislation published yet?

[Montmorency]

PVC, it's rather simple: the "mentally-incapable" will not be given an opt-out.

[Philippus Flavius Homovallumus]

PVC, it's rather simple: the "mentally-incapable" will not be given an opt-out.

Then why use the term "living doner"?

That's a technical term: https://www.organdonation.nhs.uk/abo...ving-donation/

[Montmorency]

As it turns out, the BBC text is at-best misleading and I was entirely wrong.

Bill text:

8 Activities involving material from adults who lack capacity to consent
(1) This section applies where—
(a) a transplantation activity within sections 3(2)(d) (storage of relevant material
which has come from a human body) or 3(2)(e) (use of such relevant material)
involves relevant material from the body of a person (“P”) who—
(i) is an adult, and
(ii) lacks capacity to consent to the activity, and
(b) no decision of P’s to consent, or not to consent, to the activity is in force.
(2) P’s consent to the activity is to be deemed if the activity is done in circumstances of a kind
specified by regulations made by the Secretary of State for the purposes of section 6 of the
Human Tissue Act 2004.

Explanatory Notes:

36. The Mental Capacity Act 2005 confirms that a person must be assumed to
have capacity to make decisions unless it is established otherwise. It is recognised
that people may have the mental capacity to make decisions about some aspects of
their lives but not others; that some people may never have the mental capacity to
make that decision; that some may lose their mental capacity, and for others mental
capacity may fluctuate.
37. The Bill does not alter the current ability of any person to express, during their
lifetime, a wish to donate their organs or not to donate. People will be able to use the
new register for Wales to express a wish. In doing so, and as happens now, mental
capacity will not be questioned.
38. Every effort should be made to facilitate those lacking capacity to understand
the new law and to make a decision in the light of it. This emphasis on facilitation
during a person’s lifetime will form part of our communications programme. At the
time of death, if organ donation is a possibility, then in a similar situation to that
described for children and young people, the deceased’s wishes will take
precedence and next of kin will be sensitively encouraged to accept their decision.
Where a person who lacked capacity had not expressed a wish to donate or not to
donate, their consent will not be deemed to be given since, if there is doubt as to
whether they had capacity with regard to understanding the law, this could make
such consent invalid. In these cases, the person in a qualifying relationship or an
appointed representative will be asked to make the decision about organ donation.

[Papewaio]

So does this bill allow the most physically sick to steal organs from the most mentally ill?

[Montmorency]

Per the quoted Paragraph 38: If someone "lacking capacity" specifies consent or lack-thereof, this decision becomes binding. If there is no specification either way upon death, then legal guardians and health professionals make the decision.

This is basically the softest "presumed-consent" transplantation legislation in the world, quit the hand-wringing.