What This Statute Says
The choice-of-law rule recognizes valid gifts made anywhere.
A. A document of gift is valid if executed in accordance with:
1. This article.
2. The laws of the state or country where it was executed.
3. The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence or was a national at the time the document of gift was executed.
B. If a document of gift is valid under this section, the laws of this state govern the interpretation of the document of gift.
C. A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
When This Statute Comes Into Play
The rule applies whenever a donor's connection to Arizona involves another jurisdiction. Common scenarios:
- A snowbird who lives in Arizona for half the year and another state for the rest, with a donor card from the other state.
- An international resident with a foreign donor designation who dies in Arizona.
- A traveler who passes away in Arizona but is domiciled elsewhere.
The presumption of validity in subsection C lets procurement organizations and hospitals act on the document without conducting a deep multi-jurisdictional analysis.
What This Means for Arizona Families
If you spend time in multiple jurisdictions, your donor designation travels with you. A donor card from California, Mexico, or any other jurisdiction is recognized in Arizona as long as it was valid where it was executed or where you were domiciled. You do not need a fresh Arizona designation to keep your gift in force.
For families with a loved one who moved between states or countries, this means donation decisions made anywhere remain effective. Our FAQ on handling property in another state covers a related cross-jurisdictional issue. The same flexibility extends to your healthcare directive when it incorporates anatomical-gift language.