What This Statute Says
Refusal is the opposite of a gift, and the article gives it equal legal weight.
A. An individual may refuse to make an anatomical gift of the individual's body or part by:
1. A record signed by either: (a) The individual. (b) ... another individual acting at the direction of the individual if the individual is physically unable to sign.
2. The individual's will, whether or not the will is admitted to probate or invalidated after the individual's death.
3. Any form of communication made by the individual during the individual's terminal illness or injury that is addressed to at least two adults, at least one of whom is a disinterested witness.
A documented refusal is binding under section 36-847. It prevents the family hierarchy in section 36-848 from making an anatomical gift on the decedent's behalf.
When This Statute Comes Into Play
The refusal mechanism matters for people with religious, cultural, or personal objections to donation:
- A person with sincere religious beliefs against organ donation can sign a refusal and prevent a family member from later overriding the decision.
- A person who wants their body kept fully intact for traditional burial can refuse to make any anatomical gift.
- A donor who has changed their mind permanently can move beyond mere revocation of a prior gift into an affirmative refusal that blocks future gifts by others.
What This Means for Arizona Families
This statute protects the right to say no. Once you document a refusal, no one, not your spouse, not your agent under a healthcare power of attorney, not your adult children, can override it after your death by making a gift of your body or part. The refusal must be in one of the prescribed forms, but those forms are accessible.
If donation is not for you, this is the statute that closes the door. Document the refusal clearly and tell your family. The simplest path is a signed statement attached to your healthcare power of attorney that says you refuse to make any anatomical gift. Our FAQ on whether family can override your living will or advance directive covers the broader override question. The healthcare directive is a natural home for this language, alongside your other end-of-life preferences.