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    A.R.S. § 36-803

    DHS Authority Over Records and Rules for Disposition of Human Bodies

    Verified May 17, 2026 • 57th Legislature, 1st Regular Session

    The director of the Arizona Department of Health Services may require records and adopt rules to administer the article governing disposition of unclaimed human bodies. The grant of authority underpins the rest of the article's procedures.

    Title 36, DISPOSITION OF HUMAN BODIES

    azleg.gov

    What This Statute Says

    This statute is the rule-making engine for the article on disposition of unclaimed bodies. The Department of Health Services is the lead agency, and the director sets the rules.

    The director of department of health services may require records and information and establish such rules, regulations and procedures in compliance with and in furtherance of this article as are convenient and proper for the discharge of its duties.

    A.R.S. § 36-803

    The authority is broad but bounded. The rules must implement the article. They cannot expand the department's reach beyond it.

    When This Statute Comes Into Play

    The article governs what happens to human bodies that are not claimed by family or friends within the time limits in section 36-806. The rules adopted under 36-803 set the operational details: how public institutions report unclaimed bodies, what records they keep, and how delivery to authorized recipients works.

    For ordinary Arizona families, the article rarely applies. It exists for the narrow circumstance where a deceased person has no relatives, no known wishes, and no one stepping forward to arrange burial or cremation.

    What This Means for Arizona Families

    This statute is administrative, but the article it supports is one of the quieter safety nets in Arizona's public-health framework. When no one can be found to take responsibility for a body, the state has a published process. DHS rules ensure the process operates predictably across counties and institutions.

    The lesson for families is to make sure the situation never reaches this article in the first place. Documenting your wishes, naming an agent in a healthcare power of attorney with explicit authority over disposition of remains, and telling your family who you want to make these decisions all keep the standard path under section 36-831 firmly in place. Our FAQ on documenting burial and cremation wishes in Arizona walks through the steps. A clear healthcare directive with disposition language attached is the strongest single document for keeping families in control.

    The director of department of health services may require records and information and establish such rules, regulations and procedures in compliance with and in furtherance of this article as are convenient and proper for the discharge of its duties.
    View on azleg.gov

    This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

    Related Questions

    How do I make sure my family follows my wishes about burial or cremation in Arizona?

    Sign a disposition of remains directive under Arizona law. This document names a specific person to carry out your burial or cremation wishes and overrides the default statutory priority list. Without one, family disagreements can delay funeral arrangements.

    Who makes medical decisions if I do not have a power of attorney in Arizona?

    Arizona law (A.R.S. 36-3231) creates a priority list of surrogate decision makers: spouse, adult children (majority must agree), parent, domestic partner, sibling, then close friend. A medical power of attorney lets you skip this list entirely.

    Can I put my funeral wishes in my will, or do I need a separate document for that?

    You can include funeral wishes in your will, but a separate document works much better. Wills are usually not read until after funeral arrangements are already made. A standalone letter gives your family clear guidance during a difficult time.

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