What This Statute Says
A post-mortem examination is a non-coroner autopsy, often requested by a treating physician or family for medical clarification. Arizona names the people who can consent.
A. In addition to the provisions set forth in section 11-597, whichever of the following assumes custody of the body for purposes of burial may give permission to a licensed physician to conduct a post-mortem examination: 1. Father. 2. Mother. 3. Husband. 4. Wife. 5. Adult child. 6. Guardian. 7. Next of kin.
B. In the absence of any of the persons named in subsection A of this section, a friend or one charged with the responsibility of burial may give permission to a licensed physician to conduct a post-mortem examination.
The reference to section 11-597 preserves the parallel authority of the county medical examiner for cases under their jurisdiction.
When This Statute Comes Into Play
The provision applies in three settings:
- A hospital physician wants to confirm a cause of death and asks the family for consent to a non-coroner autopsy.
- The family wants medical clarification, for example to evaluate genetic conditions that may affect surviving relatives, and asks the treating physician to arrange an examination.
- A research or quality-review autopsy is offered at an academic medical center.
If the decedent did not give consent to autopsy during life, this statute is the legal basis for the family or person responsible for burial to consent at the time of death.
What This Means for Arizona Families
Decisions about autopsy come up in moments of grief and often need to be made quickly. Knowing who has authority helps the family move with confidence. The list in subsection A is broad, and any one of those people can give consent if they are the one taking custody of the body.
If autopsy is important to you, either to allow it or to refuse it, write it down. The same documents that name your disposition agent (your healthcare power of attorney and any separate written wishes) can include your autopsy preferences. Our FAQ on organizing your estate planning documents covers where these wishes belong. A clear written preference attached to your healthcare directive removes the question from the family at the worst possible moment.