What This Statute Says
The statute provides multiple routes to amend or revoke an anatomical gift.
A. Subject to the requirements of section 36-847, a donor or other person authorized to make an anatomical gift pursuant to section 36-843 may amend or revoke an anatomical gift by:
1. A record signed by either: (a) The donor. (b) The other person. (c) ... another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign.
2. A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
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C. Subject to the requirements of section 36-847, a donor or other person authorized to make an anatomical gift pursuant to section 36-843 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
D. A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury that is addressed to at least two adults, at least one of whom is a disinterested witness.
E. A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as prescribed in subsection A of this section.
The key principle is that the donor's decision controls and they have many ways to express it. The article protects the donor's autonomy while requiring some form of clear expression.
When This Statute Comes Into Play
Examples of valid amendment or revocation:
- Signing a new donor card or registry entry that removes a previously elected gift.
- Updating a healthcare power of attorney with new donation preferences.
- Telling a physician and a friend, during a terminal illness, that you no longer wish to donate.
- Tearing up the donor card with the intent to revoke.
What This Means for Arizona Families
Donor preferences can change. The article respects that. If you signed up as a donor years ago and have since changed your mind, you can revoke. The cleanest path is a signed written record, but the statute also accepts a deliberate destruction of the document of gift with intent to revoke, or a clear deathbed communication.
For loved ones who are not sure whether a donor's wishes have changed, the better approach is to look for the most recent record. The donor registry shows the current status. A more recent power of attorney or healthcare directive overrides an older inconsistent one. Our FAQ on changing or revoking a healthcare directive covers parallel revocation mechanics. The article's bottom line is that you remain in control of the gift throughout your life; the moment you withdraw consent in any recognized way, the gift is gone. A clean updated healthcare directive is the most durable expression of your current intent.