What This Statute Says
The statute identifies four categories of persons who can make an anatomical gift during the donor's life.
Subject to the requirements of section 36-847, 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:
1. The donor, if the donor is an adult or is a minor who is either emancipated or 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.
2. An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift.
3. If the donor is an unemancipated minor, a parent of the donor.
4. The donor's guardian.
The provision applies to gifts made during the donor's life. Gifts made after death are governed by section 36-848.
When This Statute Comes Into Play
The most common situations:
- An Arizona adult signs up as a donor at the MVD when renewing a driver license.
- A 16-year-old applying for an Arizona license elects donation. The election is valid because the minor is at the age that allows a license application.
- A parent decides about anatomical donation for a young child who cannot decide for themselves.
- An agent named in a healthcare power of attorney makes the gift on behalf of a principal who is in the final stages of illness, where the POA does not prohibit it.
What This Means for Arizona Families
The statute makes anatomical donation accessible at the moment most Arizonans encounter the decision, the driver's license counter. It also gives families a path when an adult loved one can no longer make the decision personally. An agent under a properly drafted healthcare power of attorney can step in unless the document expressly removes that authority.
If you want to ensure your wishes about donation are followed even if you cannot speak for yourself, the right step is to address donation in both your healthcare power of attorney and the state donor registry. Our FAQ on making organ-donation wishes legally binding in Arizona covers the details. A standalone healthcare directive can also incorporate the gift; just be sure the document does not silently prohibit your agent from making it under paragraph 2 of this statute.