What This Statute Says
The statute provides flexible mechanics for the family-level gift.
A. An anatomical gift of a decedent's body or part under section 36-848 may be made by a document of gift signed by the person authorized to make the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
B. Subject to subsection C of this section, an anatomical gift by a person authorized under section 36-848 may be amended or revoked orally or in a record by any member of a prior class listed in section 36-848, subsection A who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under section 36-848 may be (i) amended only if a majority of the reasonably available members agree to the amending of the gift or (ii) revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
When This Statute Comes Into Play
The provisions surface in the practical mechanics of the donation conversation. Hospitals and procurement organizations frequently document the family's consent by recording the call or having an employee reduce the oral consent to a written record on the spot.
The amendment and revocation rules account for late-arriving relatives. If a higher-priority class member arrives before procurement, they can override the gift by the lower-priority class member, but only with majority agreement if multiple persons are reasonably available.
What This Means for Arizona Families
If you are the family member talking to a procurement coordinator, you do not need to sign a paper to make the gift effective. A clear oral consent, recorded by the coordinator, is enough. The article's flexibility recognizes that these conversations happen quickly and often by telephone.
For families with members who may disagree, the rules on amendment and revocation matter. A first-class relative who arrives later can change what a second-class relative authorized, but only with majority agreement among reasonably available higher-class members. Our FAQ on organizing your estate planning documents covers how clear advance planning prevents the family-disagreement scenario altogether. The most reliable path is for the decedent to have made their own decision in advance through their healthcare directive or the donor registry, eliminating the need for family deliberation.