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.