Arizona Revocation of Anatomical Gift Act Law

Uniform Anatomical Gift – General – Arizona

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36-842. Applicability

This article applies to an anatomical gift or amendment to, revocation of or refusal to make an anatomical gift, whenever made.

36-843. Who may make an anatomical gift before donor’s death

An anatomical gift may be made during the life of the donor for the purpose of transplantation, therapy, research or education in the manner provided in section 36-844 by:

The donor, if the donor is an adult or is a minor who is either:

(a) Emancipated.

(b) Authorized under state law to apply for a driver license because the donor is at least the youngest age at which an individual may apply for any type of driver license.

An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift.

If the donor is an unemancipated minor, a parent of the donor.

The donor’s guardian.

36-844. Manner of making anatomical gift before donor’s death

A donor may make an anatomical gift:

1. By registering to be a donor on the donor registry established by section 36-858.

2. In a will.

3. During a terminal illness or injury of the donor by any form of communication that is addressed to at least two adults, at least one of whom is a disinterested witness.

A donor or other person authorized to make an anatomical gift pursuant to section 36-843 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or the other person and must:

1. Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person.

2. State that it has been signed and witnessed as provided in paragraph 1 of this subsection.

Revocation, suspension, expiration or cancellation of a driver license or an identification card on which an anatomical gift is indicated does not invalidate the gift.

An anatomical gift made by will takes effect on the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift.

36-845. Amending or revoking anatomical gift before donor’s death

A donor or other person authorized to make an anatomical gift pursuant to section 36-843 may amend or revoke an anatomical gift by:

1. A record signed by either:

(a) The donor.

(b) The other person.

(c) Subject to the requirements of subsection B of this section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign.

A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.

A record signed pursuant to subsection A, paragraph 1, subdivision (c) must:

1. Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person.

2. State that it has been signed and witnessed.

A donor or other person authorized to make an anatomical gift pursuant to section 36-843 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.

A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury that is addressed to at least two adults, at least one of whom is a disinterested witness.

A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as prescribed in subsection A of this section.

36-846. Refusal to make anatomical gift; effect of refusal

An individual may refuse to make an anatomical gift of the individual’s body or part by:

1. A record signed by either:

(a) The individual.

(b) Another individual acting at the direction of the individual if the individual is physically unable to sign.

2. The individual’s will, whether or not the will is admitted to probate or invalidated after the individual’s death.

3. Any form of communication made by the individual during the individual’s terminal illness or injury that is addressed to at least two adults, at least one of whom is a disinterested witness.

A record signed pursuant to subsection A, paragraph 1, subdivision (b) of this section must:

1. Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual.

2. State that it has been signed and witnessed as prescribed in paragraph 1 of this subsection.

An individual who has made a refusal may amend or revoke the refusal:

1. In the manner prescribed in subsection A of this section for making a refusal.

2. By subsequently making an anatomical gift pursuant to section 36-844 that is inconsistent with the refusal.

3. By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.

In the absence of an express, contrary indication by the individual set forth in the refusal, an individual’s unrevoked refusal to make an anatomical gift of the individual’s body or part bars all other persons from making an anatomical gift of the individual’s body or part.

36-849. Manner of making, amending or revoking anatomical gift of decedent’s body or part

A person who is authorized to make an anatomical gift pursuant to section 36-848 may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically recorded or that is contemporaneously reduced to a record and that is signed by the individual receiving the oral communication.

An anatomical gift by a person who is authorized pursuant to section 36-848 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized pursuant to section 36-848 may be either:

1. Amended only if a majority of the reasonably available members agree to the amending of the gift.

2. Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.

A revocation pursuant to subsection B of this section is effective only if, before an incision has been made to remove a part from the donor’s body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, physician or technician knows of the revocation.

36-851. Delivery of document of gift not required; right to examine

A document of gift need not be delivered during the donor’s lifetime to be effective. On or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass pursuant to section 36-850.
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