2005 Arizona Revised Statutes - Revised Statutes §36-843  Actions by a third person

A. If a person has not executed a document of gift or has not refused to make an anatomical gift, any member of the following classes of persons, in the order of priority stated, may make an anatomical gift of all or a part of the decedent's body for any of the purposes prescribed by section 36-846:

1. The agent designated in the decedent's health care power of attorney.

2. The decedent's court appointed guardian.

3. The decedent's spouse, unless the decedent and spouse were legally separated.

4. An adult child of the decedent. If the decedent has more than one adult child the hospital or organ procurement agency shall seek the consent of a majority of the adult children who are reasonably available for consultation. For the purposes of subsection B or D of this section and section 36-846, subsection C, the objection of one or more of a minority of adult children to the making of an anatomical gift does not invalidate the gift.

5. A parent of the decedent.

6. If the decedent is unmarried, the decedent's domestic partner if another person has not assumed financial responsibility for the patient.

7. An adult brother or sister of the decedent.

8. A close friend of the decedent. For the purposes of this paragraph, "close friend" means an adult who exhibited special care and concern for the decedent and who is willing and able to serve in this capacity.

B. An anatomical gift may not be made by a person listed in subsection A of this section if:

1. A person in a prior class is available at the time of death to make an anatomical gift.

2. The person proposing to make an anatomical gift knows of a refusal by the decedent made pursuant to section 36-842.

3. The person proposing to make an anatomical gift knows of an objection to the making of an anatomical gift by a member of the person's class or a prior class.

C. A person listed in subsection A of this section shall give or refuse consent to an anatomical gift by either:

1. Signing a document of consent or refusal to consent.

2. The person's telegraphic, recorded telephonic or other recorded message, or other form of communication from the person that is contemporaneously reduced to writing.

D. An anatomical gift by a person authorized under subsection A of this section may be revoked by any member of the same or a prior class if, before procedures have begun for the removal of a part from the body of the decedent, the physician, surgeon or trained technician removing the part is notified of the revocation.

E. A failure to make an anatomical gift under subsection A of this section is not an objection to the making of an anatomical gift or a refusal by that person to make that person's own anatomical gift.