What This Statute Says
The statute lists the methods that produce a legally effective anatomical gift.
A. 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.
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.
Subsection C confirms that revocation, suspension, expiration, or cancellation of a driver license or identification card does not invalidate a gift indicated on it. Subsection D confirms that a gift made by will takes effect at death even if the will is later invalidated or never probated.
When This Statute Comes Into Play
Each method has a typical use case:
- Donor registry: the standard MVD-based pathway most Arizonans use.
- Will: useful when the donor wants the gift integrated with other estate plan documents.
- Terminal-illness communication: covers deathbed expressions, with a two-witness safeguard.
- Donor card or signed record: any other written, signed expression of the gift.
What This Means for Arizona Families
You have multiple, redundant ways to make an anatomical gift. The cleanest approach is to use the donor registry, because it is centrally accessible to procurement organizations and survives the loss of any paper document. The will-based pathway has a special advantage: subsection D protects the gift even if the will is contested or never probated.
For families, the practical instruction is that lapsed paperwork does not undo the gift. A driver's license that has expired still carries the donor election if it was on the most recent one. A will that is never offered for probate still authorizes the gift at the moment of death. Our FAQ on how to make organ-donation wishes legally binding covers the practical pairing of registry plus document. A clearly-drafted healthcare directive can incorporate the gift as a fifth source of certainty.