What This Statute Says
The statute removes a potential procedural trap and ensures the document is accessible after death.
A. A document of gift need not be delivered during the donor's lifetime to be effective.
B. On or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass pursuant to section 36-850.
The non-delivery rule means a donor card kept in a wallet, a clause in a will, or an entry in a registry is fully effective without being handed to anyone in advance.
When This Statute Comes Into Play
The provision matters in two practical contexts:
- A donor stores their document of gift in a safe-deposit box, drawer, or with an attorney. The gift is effective without that document being delivered to a procurement organization during life.
- After death, anyone holding the document (a family member, hospital, attorney, or registry custodian) must allow inspection and copying by anyone authorized to act on the gift.
What This Means for Arizona Families
You do not need to send your donor card or registry confirmation to anyone in advance. The gift is effective the moment you make it. The article only requires that, after death, the document be available for inspection by the people who need it.
Practically, this means that storing donation paperwork with other estate planning records is fine. The procurement organization will find the registry entry through the central system. Hospital staff will ask the family. The document of gift backs up the registry record if there is any question. Our FAQ on family access to a safety-deposit box after death covers a related access question. Storing the document alongside your healthcare directive ensures it can be found when needed, but advance delivery is not required.