A. A donor may make an anatomical gift:

Terms Used In Arizona Laws 36-844

  • Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research or education. See Arizona Laws 36-841
  • Disinterested witness: means a witness other than the spouse, child, parent, sibling, grandchild, grandparent or guardian of the individual who makes, amends, revokes or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. See Arizona Laws 36-841
  • Donor: The person who makes a gift.
  • Donor: means an individual whose body or part is the subject of an anatomical gift. See Arizona Laws 36-841
  • Donor registry: means a database that contains records of anatomical gifts. See Arizona Laws 36-841
  • Driver license: means a license or permit that is issued pursuant to title 28 to operate a vehicle, whether or not conditions are attached to the license or permit. See Arizona Laws 36-841
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Identification card: means a nonoperating identification license that is issued by the motor vehicle division of the department of transportation. See Arizona Laws 36-841
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity. See Arizona Laws 36-841
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Arizona Laws 36-841
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Arizona Laws 36-841

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.

4. As provided in subsection B of this section.

B. 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.

C. 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.

D. 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.