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    A.R.S. § 36-847

    When an Arizona Anatomical Gift Cannot Be Overridden

    Verified May 17, 2026 • 57th Legislature, 1st Regular Session

    An anatomical gift made by a donor who is at least 18 years old or otherwise authorized cannot be amended or revoked after the donor's death by another person. A refusal is also binding on the family hierarchy after the donor's death. The statute prevents post-death override of the donor's documented wishes.

    Title 36, DISPOSITION OF HUMAN BODIES

    azleg.gov

    What This Statute Says

    Section 36-847 is the protective rule that keeps the donor in control after death.

    A. Except as otherwise provided in subsection G of this section and subject to subsection F of this section, in the absence of an express, contrary indication by the donor set forth in the document of gift, a person other than the donor is barred from making, amending or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under section 36-844 or an amendment to an anatomical gift of the donor's body or part under section 36-845.

    A.R.S. § 36-847(A) (excerpted)

    Other subsections address the parallel rules for refusals (a refusal binds others), gifts by minors (a parent's authority interacts with the minor's election), and special cases involving the donor's expressly contrary instructions.

    When This Statute Comes Into Play

    The preclusion rule resolves the most painful question that arises at a hospital bedside: who decides when the family disagrees with the donor's election? Under this section, the donor's documented decision controls. A spouse cannot revoke a deceased donor's gift. An adult child cannot block a refusal. The procurement organization can rely on the documented wishes.

    What This Means for Arizona Families

    This is one of the most consequential statutes in the article. It means that when you document your donation wishes, those wishes will be honored even if a grieving family member would prefer a different outcome. The donor's autonomy survives death.

    For donors, this is reassuring. For families, it means the time to have the conversation is before death, not at the moment of crisis. If you know your loved one is a registered donor, prepare yourself to support that decision even if you would not have made the same choice. If you are unsure whether a loved one wants to donate, ask now while there is still time to discuss. Our FAQ on how to make organ-donation wishes legally binding covers how documentation locks the decision in place. The same architecture that protects a registered gift also protects a documented refusal in your healthcare directive.

    A. Except as otherwise provided in subsection G of this section and subject to subsection F of this section, in the absence of an express, contrary indication by the donor set forth in the document of gift, a person other than the donor is barred from making, amending or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under section 36-844 or an amendment to an anatomical gift of the donor's body or part under section 36-845. B. A donor's revocation of an anatomical gift of the donor's body or part is not a refusal and does not bar another person specified in section 36-843 or 36-848 from making an anatomical gift of the donor's body or part under section 36-844 or 36-849. C. If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under section 36-844 or an amendment to an anatomical gift of the donor's body or part under section 36-845, another person may not make, amend or revoke the gift of the donor's body or part under section 36-849. D. A revocation of an anatomical gift of a donor's body or part under section 36-845 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under section 36-844 or 36-849. E. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 36-843, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person. F. In the absence of an express, contrary indication by the donor, neither the donor's revocation of an anatomical gift of a part under section 36-845 nor a person's failure to make an anatomical gift of a part under section 36-844 limits the making of an anatomical gift of a part for one or more of the purposes set forth in section 36-844 by the donor or any other person under section 36-844 or 36-849. G. If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.
    View on azleg.gov

    This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

    Related Questions

    Can my family override my advance directive in Arizona?

    No. In Arizona, a properly executed advance directive is legally binding. Family members cannot override it simply because they disagree with your choices.

    Can I change or revoke my health care directive in Arizona?

    Yes. Under A.R.S. 36-3202, anyone 18 years or older can revoke a health care directive in writing, orally, by creating a new directive, or by any clear action showing intent to revoke. No court filing is required.

    How do I make sure my organ donation wishes are documented and legally binding in Arizona?

    Arizona follows the Revised Uniform Anatomical Gift Act. You can make your organ donation wishes legally binding through your driver's license, the Donor Network of Arizona registry, a signed document of gift, or your advance directive.

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