What This Statute Says
If the decedent did not make a gift or refusal during life, this statute identifies who may act on their behalf after death.
A. Subject to subsections B and C of this section and unless barred by section 36-846 or 36-847, an anatomical gift of a decedent's body or part for the purpose of transplantation, therapy, research or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:
1. An agent of the decedent at the time of death who could have made an anatomical gift under section 36-843, paragraph 2 immediately before the decedent's death.
2. The spouse of the decedent.
3. Adult children of the decedent.
4. Parents of the decedent.
5. Adult siblings of the decedent.
6. Adult grandchildren of the decedent.
7. Grandparents of the decedent.
8. An adult who exhibited special care and concern for the decedent.
9. The persons who were acting as the guardians of the person of the decedent at the time of death.
10. Any other person having the authority to dispose of the decedent's body.
Subsection B explains that if no class member is reasonably available, members of the next class in the list may act. Subsection C addresses objections within a class.
When This Statute Comes Into Play
The hierarchy controls the decision in most cases where the decedent did not personally register as a donor or document a refusal. Adult children, in particular, often face this decision when a parent dies suddenly.
What This Means for Arizona Families
If you have not made an anatomical gift or recorded a refusal yourself, your family will be asked. The hierarchy here parallels the disposition-of-remains hierarchy in section 36-831, but the two operate independently. Donation decisions and burial decisions are separate even when made by the same person.
The clean way to avoid putting your family in this position is to make the decision yourself, either yes (through registry, POA, or signed record) or no (through documented refusal). Either decision binds the family under section 36-847 and section 36-846. Our FAQ on making organ-donation wishes legally binding in Arizona covers the practical path. A clear written stance in your healthcare directive removes ambiguity and lets your family focus on supporting your decision rather than guessing at it.