House Engrossed Senate Bill
State of Arizona
Senate
Forty-eighth Legislature
First Regular Session
2007
SENATE BILL 1023
AN ACT
AMENDING SECTIONS 14-5425, 32-1365.02, 36-327, 36-831, 36-3221 AND 36-3224,
ARIZONA REVISED STATUTES; RELATING TO BURIAL RESPONSIBILITY.
(TEXT OF BILL BEGINS ON NEXT PAGE)
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Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 14-5425, Arizona Revised Statutes, is amended to
read:
14-5425. Distributive duties and powers of conservator
A. A conservator may expend or distribute income or principal of the
estate without court authorization or confirmation for the support,
education, care or benefit of the protected person and the person's
dependents in accordance with the following principles:
1. The conservator shall consider recommendations relating to the
appropriate standard of support, education and benefit for the protected
person made by a parent or guardian, if any. The conservator may not be
surcharged for sums paid to persons or organizations actually furnishing
support, education or care to the protected person pursuant to the
recommendations of a parent or guardian of the protected person unless the
conservator knows that the parent or guardian is deriving personal financial
benefit therefrom, including relief from any personal duty of support, or
unless the recommendations are clearly not in the best interests of the
protected person.
2. The conservator shall expend or distribute sums reasonably
necessary for the support, education, care or benefit of the protected person
and the person's dependents with due regard to:
(a) The size of the estate, the probable duration of the
conservatorship and the likelihood that the protected person, at some future
time, may be fully able to be wholly self-sufficient and able to manage
business affairs and the estate.
(b) The accustomed standard of living of the protected person and the
person's dependents.
(c) Other funds or sources used for the support of the protected
person.
3. With respect to the affairs and estate of a minor, the conservator
shall also consider the following factors in making estate distributions:
(a) The financial responsibility and financial resources of the
parents of the child.
(b) Extraordinary custodial responsibilities undertaken by the parent
or parents as the result of the child's physical or mental condition and the
effect of these extraordinary responsibilities on appropriate gainful
employment of the parent.
(c) The physical and mental condition of the child and the child's
medical and educational needs. Any incidental benefit to other members of
the child's household derived from a distribution is not a disqualifying
factor.
(d) If the child is permanently and totally disabled, the standard of
living the child should reasonably expect to enjoy given the financial
resources available to the child.
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4. The conservator may expend funds of the estate for the support of
persons legally dependent on the protected person and others who are members
of the protected person's household, who are unable to support themselves,
and who are in need of support. If benefits are being paid by the veterans
administration to the conservator, such income may be expended only for the
support of the protected person and the person's spouse and minor children,
except upon petition to and prior order of the court after a hearing.
5. Funds expended under this subsection may be paid by the conservator
to any person, including the protected person, to reimburse for expenditures
which the conservator might have made, or in advance for services to be
rendered to the protected person when it is reasonable to expect that they
will be performed and where advance payments are customary or reasonably
necessary under the circumstances.
6. A conservator, in discharging the responsibilities conferred by a
court order and this section, shall implement the principles described in
section 14-5408 to the extent possible.
B. When a minor who has not been adjudged disabled under section
14-5401, paragraph 2 attains majority, the conservator, after meeting all
prior claims and expenses of administration, shall pay over and distribute
all funds and properties to the former protected person as soon as possible.
C. When the conservator is satisfied that a protected person's
disability, other than minority, has ceased, the conservator, after meeting
all prior claims and expenses of administration, shall pay over and
distribute all funds and properties to the former protected person as soon as
possible.
D. If a protected person dies, the conservator may deliver to the
court for safekeeping any will of the deceased protected person which may
have come into the conservator's possession or deliver the will to the
personal representative named in the will. If the will is delivered to the
personal representative named in the will, a copy of the will shall be filed
with the court in the conservatorship proceeding. If the will is filed with
the court the conservator shall inform the personal representative or a
beneficiary named therein that the conservator has done so, and retain the
estate for delivery to a duly appointed personal representative of the
decedent or other persons entitled thereto. If after forty days from the
death of the protected person no other person has been appointed personal
representative and no application or petition for appointment is before the
court, the conservator may apply to exercise the powers and duties of a
personal representative so that the conservator may proceed to administer and
distribute the decedent's estate without additional or further appointment.
The conservator may include in such an application a request to probate the
will of the deceased protected person. On receipt of an application, the
registrar, after making the findings required pursuant to section 14-3303,
shall issue a written statement of informal probate and shall endorse the
letters of the conservator. The registrar may also enter the will of the
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deceased protected person to probate. The statement of the registrar under
this section shall have the effect of an order of appointment of a personal
representative as provided in section 14-3308 and chapter 3, articles 6
through 10 of this title, except that the estate in the name of the
conservator, after administration, may be distributed to the decedent's
successors without prior re-transfer to the conservator as personal
representative.
E. If a protected person dies, and on reasonable inquiry the
conservator is unable to locate any person specified in section 36-831,
subsection A, paragraph PARAGRAPHS 1, 2 or 3 THROUGH 11 willing to assume the
duty of burying the body of the decedent or making other funeral and
disposition arrangements, the conservator may make reasonable burial or other
funeral arrangements, the cost of which is a charge against the estate.
F. The estate of a deceased protected person is liable for any unpaid
expenses of the conservator's administration, and such expenses are a lien on
property transferred by the conservator to the decedent's personal
representative.
Sec. 2. Section 32-1365.02, Arizona Revised Statutes, is amended to
read:
32-1365.02. Authorizing
agents;
consent
for
cremation,
disinterment or embalming; definition
A. Except as provided in section 32-1365.01 and in subsection E of
this section, it is unlawful to cremate or disinter a dead human body without
prior written consent of the authorizing agent.
B. Except as provided in section 32-1365.01, it is unlawful to embalm
a dead human body without prior oral or written consent of the authorizing
agent.
C. A funeral establishment shall create a written record of an oral
consent given pursuant to this subsection SECTION that includes all of the
following:
1. The name of the authorizing agent.
2. The relation of the authorizing agent to the deceased.
3. The date and time that consent was given.
4. The name of the person who obtained the consent.
5. Any other information required by the board.
D. In determining who the proper authorizing agent is, the following
order of preference governs: IS THE SAME AS PROVIDED IN SECTION 36-831. IF
THERE IS MORE THAN ONE MEMBER IN A CATEGORY LISTED IN SECTION 36-831 ENTITLED
TO SERVE AS THE AUTHORIZING AGENT, FINAL ARRANGEMENTS MAY BE MADE BY ANY
MEMBER OF THAT CATEGORY UNLESS THAT MEMBER KNOWS OF AN OBJECTION BY ANOTHER
MEMBER OF THE CATEGORY. IF AN OBJECTION IS KNOWN, FINAL ARRANGEMENTS SHALL
BE MADE BY A MAJORITY OF THE MEMBERS OF THE CATEGORY WHO ARE REASONABLY
AVAILABLE.
1. The surviving spouse.
2. A surviving adult child.
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3. A surviving parent.
4. A surviving adult brother or sister.
5. For cremation or embalming, any other person or organization that
is willing to assume legal and financial responsibility for the cremation or
embalming. Preference under this paragraph shall be given in the following
order:
(a) The executor of the decedent's estate.
(b) The guardian of the decedent at the time of death.
E. On the order of a court or a county medical examiner, or a person
performing the duties of a county medical examiner, a dead human body shall
be disinterred.
F. If none of the persons listed in subsection D SECTION 36-831 is
willing or financially capable of providing for the cremation or embalming of
a dead human body, the public fiduciary or other person who is designated by
the county in which a death occurs to handle funeral arrangements may order
the cremation or embalming.
G. A funeral establishment, an employee or agent of a funeral
establishment or a licensee shall exercise due diligence to obtain the
consent required pursuant to this section from the proper authorizing agent.
IT IS AN AFFIRMATIVE DEFENSE TO ANY ACTION OR CLAIM BROUGHT AGAINST A
CREMATORY, CEMETERY OR FUNERAL ESTABLISHMENT RELATING TO THE DISPOSITION OF A
DEAD HUMAN BODY THAT THE CREMATORY, CEMETERY OR FUNERAL ESTABLISHMENT RELIED
IN GOOD FAITH ON THE DIRECTION OF A PERSON WHO CLAIMED TO BE THE AUTHORIZING
AGENT IN PROVIDING FOR THE LAWFUL DISPOSITION OF A DEAD HUMAN BODY. THE
DECISION OF A CREMATORY, CEMETERY OR FUNERAL ESTABLISHMENT TO CREMATE OR
OTHERWISE PROVIDE FOR THE LAWFUL DISPOSITION OF A DEAD HUMAN BODY IN RELIANCE
ON THE DIRECTION OF A PERSON WHO CLAIMS TO BE THE AUTHORIZING AGENT IS
PRESUMED TO BE IN GOOD FAITH UNLESS THE CREMATORY, CEMETERY OR FUNERAL
ESTABLISHMENT HAS ACTUAL KNOWLEDGE THAT THE CLAIM IS FALSE.
H. IF THE AUTHORIZING AGENT IS NOT REASONABLY AVAILABLE OR UNABLE TO
ACT AS THE AUTHORIZING AGENT, THE PERSON'S RIGHT TO BE THE AUTHORIZING AGENT
SHALL PASS TO THE NEXT PERSON OR CATEGORY OF PERSONS IN THE ORDER OF
PREFERENCE PRESCRIBED IN SECTION 36-831.
I. IT IS PRESUMED THAT THE AUTHORIZING AGENT IS NOT REASONABLY
AVAILABLE TO ACT AS AUTHORIZING AGENT IF THE CREMATORY, CEMETERY OR FUNERAL
ESTABLISHMENT AFTER EXERCISING DUE DILIGENCE HAS BEEN UNABLE TO CONTACT THE
INDIVIDUAL OR IF THAT PERSON HAS BEEN UNWILLING OR UNABLE TO MAKE FINAL
ARRANGEMENTS FOR THE DISPOSITION OF THE DECEDENT WITHIN FIFTEEN DAYS AFTER
THE INITIAL CONTACT BY THE CREMATORY, CEMETERY OR FUNERAL ESTABLISHMENT. IF
A PERSON IN A PRIOR CATEGORY MAKES AN INITIAL CONTACT WITH THE CREMATORY,
CEMETERY OR FUNERAL ESTABLISHMENT OR BECOMES ABLE BEFORE THE FINAL
DISPOSITION OF THE DECEDENT, THAT PERSON RESUMES THAT PERSON'S RIGHT TO SERVE
AS THE AUTHORIZING AGENT.
J. ANY DISPUTE AMONG ANY OF THE PERSONS LISTED IN SECTION 36-831,
SUBSECTION A CONCERNING THE RIGHT TO CONTROL THE DISPOSITION, INCLUDING
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CREMATION, OF A DECEDENT'S REMAINS SHALL BE RESOLVED BY THE PARTIES TO THE
DISPUTE OR BY A COURT OF COMPETENT JURISDICTION IN ORDER TO EXPEDITE THE
RESOLUTION OF A DISPUTE AMONG THE PARTIES. A CREMATORY, CEMETERY OR FUNERAL
ESTABLISHMENT SHALL NOT BE LIABLE FOR REFUSING TO ACCEPT THE DECEDENT'S
REMAINS OR INTER, CREMATE OR OTHERWISE DISPOSE OF A DECEDENT'S REMAINS UNTIL
IT RECEIVES A COURT ORDER OR OTHER SUITABLE CONFIRMATION THAT THE DISPUTE HAS
BEEN RESOLVED OR SETTLED. A CREMATORY, CEMETERY OR FUNERAL ESTABLISHMENT MAY
BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION IN ORDER TO EXPEDITE THE
RESOLUTION OF A DISPUTE AMONG THE PARTIES LISTED IN SECTION 36-831,
SUBSECTION A.
K. FOR THE PURPOSES OF THIS SECTION "REASONABLY AVAILABLE" MEANS A
PERSON WHO IS ABLE TO BE CONTACTED BY THE CREMATORY, CEMETERY OR FUNERAL
ESTABLISHMENT WITHOUT UNDUE EFFORT AND WHO IS WILLING AND ABLE TO ACT WITHIN
FIFTEEN DAYS AFTER THE INITIAL CONTACT BY THE CREMATORY, CEMETERY OR FUNERAL
ESTABLISHMENT.
Sec. 3. Section 36-327, Arizona Revised Statutes, is amended to read:
36-327. Disinterment-reinterment permit
A. Except as otherwise provided by law, a disinterment-reinterment
permit is required before a person disinters human remains.
The state
registrar shall provide a permit to disinter human remains either by a court
order issued in this state or by the written consent of the decedent's family
member who has the highest priority. THE ORDER OF PRIORITY IS THE SAME AS
PROVIDED IN SECTION 36-831. The priority is as follows:
1. Spouse of the decedent at the time of death.
2. All adult offspring.
3. Parents.
4. All adult siblings.
5. Any other family member of legal age.
B. A disinterment-reinterment permit is not required if disinterment
and reinterment occurs OCCUR in the same cemetery for ordinary relocation or
for reasons of internal management of the cemetery.
Sec. 4. Section 36-831, Arizona Revised Statutes, is amended to read:
36-831. Burial duties; notification requirements; failure to
perform duty; definitions
A. Except as provided pursuant to subsection G H of this section, the
duty of burying the body of or providing other funeral and disposition
arrangements for a dead person devolves in the following order:
1. If the dead person was married, on the surviving spouse. UNLESS:
(a) THE DEAD PERSON WAS LEGALLY SEPARATED FROM THE PERSON'S SPOUSE.
(b) A PETITION FOR DIVORCE OR FOR LEGAL SEPARATION FROM THE DEAD
PERSON'S SPOUSE WAS FILED BEFORE THE PERSON'S DEATH AND REMAINS PENDING AT
THE TIME OF DEATH.
2. THE PERSON WHO IS DESIGNATED AS HAVING POWER OF ATTORNEY FOR THE
DECEDENT IN THE DECEDENT'S MOST RECENT DURABLE POWER OF ATTORNEY.
2. 3. If the dead person was a minor, on the parents.
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3. 4. If the dead person has no surviving spouse, On the adult
children of the dead person.
5. ON THE DEAD PERSON'S PARENT.
6. ON THE DEAD PERSON'S ADULT SIBLING.
7. ON THE DEAD PERSON'S ADULT GRANDCHILD.
8. ON THE DEAD PERSON'S GRANDPARENT.
9. ON AN ADULT WHO EXHIBITED SPECIAL CARE AND CONCERN FOR THE DEAD
PERSON.
10. ON THE PERSON WHO WAS ACTING AS THE GUARDIAN OF THE PERSON OF THE
DEAD PERSON AT THE TIME OF DEATH.
11. ON ANY OTHER PERSON WHO HAS THE AUTHORITY TO DISPOSE OF THE DEAD
PERSON'S BODY.
4. 12. If none of the persons named in paragraphs 1, 2 and 3 THROUGH
10 of this subsection are financially capable of providing for the burial or
other funeral and disposition arrangements, or cannot be located on
reasonable inquiry, on any person or fraternal, charitable or religious
organization willing to assume responsibility.
B. DURING A PERSON'S LIFE, THE PERSON'S FAMILY MEMBERS THAT ARE LISTED
IN SUBSECTION A OF THIS SECTION MAY SIGN A WAIVER OF DECISION MAKING THAT
WAIVES THEIR RIGHTS UNDER THIS SECTION RELATING TO THE DISPOSITION OF THE
PERSON'S BODY WHEN THE PERSON DIES.
B. C. If none of the persons named in subsection A of this section is
willing or financially able to bury or provide other funeral and disposition
arrangements for a dead person, or if the person cannot be located after
reasonable efforts have been made to do so, the county in which death occurs
shall bury or place in a permanent care crypt the dead body or cremated
remains of a dead body.
If the decedent is known to be an honorably
discharged veteran or the surviving spouse of an honorably discharged
veteran, the county shall notify the veterans' administration or a local
veteran's organization, or both, of the death and give that organization the
opportunity to provide for the person's burial or for other funeral and
disposition arrangements. If the organization is unable to provide for the
burial of the veteran or the surviving spouse, the county shall ensure that
the decedent is properly interred and that burial is made in a veterans'
cemetery or a portion of a cemetery that is designated for the burial of
veterans and spouses of veterans.
D. IF THERE IS MORE THAN ONE MEMBER OF A CATEGORY LISTED IN SUBSECTION
A, PARAGRAPH 3, 4, 5, 6, 7, 8 OR 9 OF THIS SECTION ENTITLED TO SERVE AS THE
AUTHORIZING AGENT, FINAL ARRANGEMENTS MAY BE MADE BY ANY MEMBER OF THAT
CATEGORY UNLESS THAT MEMBER KNOWS OF ANY OBJECTION BY ANOTHER MEMBER OF THE
CATEGORY. IF AN OBJECTION IS KNOWN, FINAL ARRANGEMENTS SHALL BE MADE BY A
MAJORITY OF THE MEMBERS OF THE CATEGORY WHO ARE REASONABLY AVAILABLE.
C. E. If the county medical examiner or person performing the duties
of the county medical examiner knows that the dead person is a member of a
federally recognized Native American tribe located in this state, the county
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medical examiner or person performing the duties of the county medical
examiner must notify the tribe and give the tribe the opportunity to provide
for the person's burial or other funeral and disposition arrangements. If an
autopsy is required by section 11-597, the county medical examiner or person
performing the duties of the county medical examiner, if possible, shall
complete the autopsy and return the remains to the federally recognized
Native American tribe located in this state within four calendar days after
the determined date of death.
D. F. A person on whom the duty prescribed in subsection A of this
section is imposed who omits or is unwilling to perform that duty within a
reasonable time or is prohibited from performing that duty under subsection G
of this section is liable to the person performing the duty in an amount of
two times the expenses the person incurred in providing for the burial or
other funeral and disposition arrangements. The person who performs this
duty may recover this amount in a civil action.
E. G. Notwithstanding the probate requirements of title 14, if a
county is required to bury a person pursuant to subsection B of this section,
the county may recover the burial costs from the decedent's estate.
A
financial institution in possession of monies in an account in the decedent's
name must reimburse the county for the burial costs on presentation by the
county of an affidavit that certifies:
1. The date of the decedent's death.
2. That, pursuant to this section, the county performed the decedent's
burial.
3. The total burial costs incurred by the county.
F. H. A person, a corporation or an agency of government that
provides for the burial or other funeral and disposition arrangements on the
instructions of a person described in subsection A of this section is immune
from civil liability:
1. For failing to honor the wishes of the decedent or the wishes of a
person having a higher priority in subsection A or B of this section if the
person, corporation or agency of government was not aware, after reasonable
inquiry, of the contrary wishes.
2. For refusing to follow conflicting directions of persons having the
same priority in subsection A of this section.
3. For following directions of a personal representative that are
consistent with the written testamentary instructions of the decedent.
G. I. The duty to bury or to provide other funeral and disposition
arrangements devolves to the next person in the order prescribed pursuant to
subsection A of this section if the person who is otherwise responsible for
performing this duty is charged with the criminal death of the person to whom
the duty is owed. The person who performs this duty may recover costs as
prescribed in subsection D E of this section. If the charges against the
person on whom this duty originally fell are subsequently dismissed or are
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resolved in that person's favor on the merits, the person is responsible for
only the actual costs.
H. J. For the purposes of this section, "person" includes a natural
person, a corporation, a company, a partnership, a firm, an association, a
society, the United States, this state, any territory, state or country, an
Arizona federally recognized Native American tribe, any political subdivision
of this state or a public or private corporation or partnership or
association.
I. K. For the purposes of this article, "burial" includes cremation.
Sec. 5. Section 36-3221, Arizona Revised Statutes, is amended to read:
36-3221. Health care power of attorney; scope; requirements;
limitations
A. A person who is an adult may designate another adult individual or
other adult individuals to make health care decisions on that person's behalf
OR TO PROVIDE FUNERAL AND DISPOSITION ARRANGEMENTS IN THE EVENT OF THE
PERSON'S DEATH by executing a written health care power of attorney that
meets all of the following requirements:
1. Contains language that clearly indicates that the person intends to
create a health care power of attorney.
2. Except as provided under subsection B, is dated and signed or
marked by the person who is the subject of the health care power of attorney.
3. Is notarized or is witnessed in writing by at least one adult who
affirms that the notary or witness was present when the person dated and
signed or marked the health care power of attorney, except as provided under
subsection B, and that the person appeared to be of sound mind and free from
duress at the time of execution of the health care power of attorney.
B. If a person is physically unable to sign or mark a health care
power of attorney, the notary or each witness shall verify on the document
that the person directly indicated to the notary or witness that the power of
attorney expressed the person's wishes and that the person intended to adopt
the power of attorney at that time.
C. A notary or witness shall not be any of the following:
1. A person designated to make medical decisions on the principal's
behalf.
2. A person directly involved with the provision of health care to the
principal at the time the health care power of attorney is executed.
D. If a health care power of attorney is witnessed by only one person,
that person may not be related to the principal by blood, marriage or
adoption and may not be entitled to any part of the principal's estate by
will or by operation of law at the time that the power of attorney is
executed.
Sec. 6. Section 36-3224, Arizona Revised Statutes, is amended to read:
36-3224. Sample health care power of attorney
Any writing that meets the requirements of section 36-3221 may be used
to create a health care power of attorney. The following form is offered as
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a sample only and does not prevent a person from using other language or
another form:
1. Health Care Power of Attorney
I, ___________________________________, as principal, designate
______________________ as my agent for all matters relating to
my health care, including, without limitation, full power to
give or refuse consent to all medical, surgical, hospital and
related health care. This power of attorney is effective on my
inability to make or communicate health care decisions. All of
my agent's actions under this power during any period when I am
unable to make or communicate health care decisions or when
there is uncertainty whether I am dead or alive have the same
effect on my heirs, devisees and personal representatives as if
I were alive, competent and acting for myself.
If my agent is unwilling or unable to serve or continue to
serve, I hereby appoint ____________________ as my agent.
I have _____ I have not _____ completed and attached a living
will for purposes of providing specific direction to my agent in
situations that may occur during any period when I am unable to
make or communicate health care decisions or after my death. My
agent is directed to implement those choices I have initialed in
the living will.
I have _____ I have not _____ completed a prehospital medical
care directive pursuant to section 36-3251, Arizona Revised
Statutes.
This health care directive is made under section 36-3221,
Arizona Revised Statutes, and continues in effect for all who
may rely on it except those to whom I have given notice of its
revocation.
______________________________
Signature of Principal
Witness: _____________________
Date: _____________________
_______________________________
Time: _____________________
Address: _____________________
____________________________
_______________________________
____________________________
Address of Agent
Witness: _____________________
____________________________
_______________________________
Telephone of Agent
Address: _____________________
_______________________________
(Note:
This document may be notarized instead of being
witnessed.)
2. Autopsy (under Arizona law an autopsy may be required)
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If you wish
_______ 1.
_______ 2.
_______ 3.
to do so, reflect your desires below:
I do not consent to an autopsy.
I consent to an autopsy.
My agent may give consent to or refuse an autopsy.
3. Organ Donation (Optional)
(Under Arizona law, you may make a gift of all or part of your
body to a bank or storage facility or a hospital, physician or
medical or dental school for transplantation, therapy, medical
or dental evaluation or research or for the advancement of
medical or dental science. You may also authorize your agent to
do so or a member of your family may make a gift unless you give
them notice that you do not want a gift made.
In the space
below you may make a gift yourself or state that you do not want
to make a gift. If you do not complete this section, your agent
will have the authority to make a gift of a part of your body
pursuant to law. Note: The donation elections you make in this
health care power of attorney survive your death.)
If any of the statements below reflects your desire, initial on
the line next to that statement. You do not have to initial any
of the statements.
If you do not check any of the statements, your agent and your
family will have the authority to make a gift of all or part of
your body under Arizona law.
_______ I do not want to make an organ or tissue donation and I
do not want my agent or family to do so.
_______ I have already signed a written agreement or donor card
regarding organ and tissue donation with the following
individual or institution: ___________________________________
_______ Pursuant to Arizona law, I hereby give, effective on my
death:
[] Any needed organ or parts.
[] The following part or organs listed:
_____________________________________________________
_____________________________________________________
_____________________________________________________
for (check one):
[] Any legally authorized purpose.
[] Transplant or therapeutic purposes only.
4. Physician Affidavit (optional)
(Before initialing any choices above you may wish to ask
questions of your physician regarding a particular treatment
alternative. If you do speak with your physician it is a good
idea to ask your physician to complete this affidavit and keep a
copy for his file.)
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I, Dr. ___________________________ have reviewed this guidance
document and have discussed with _______________ any questions
regarding the probable medical consequences of the treatment
choices provided above.
This discussion with the principal
occurred on _________________.
(date)
I have agreed to comply with the provisions of this directive.
___________________________
Signature of Physician
5. Living Will (Optional. Section 36-3262, Arizona
Revised Statutes, has a sample living will.)
6. FUNERAL AND BURIAL DISPOSITION (OPTIONAL)
MY AGENT HAS AUTHORITY TO CARRY OUT ALL MATTERS RELATING TO MY
FUNERAL AND BURIAL DISPOSITION WISHES IN ACCORDANCE WITH THIS
POWER OF ATTORNEY, WHICH IS EFFECTIVE UPON MY DEATH.
MY WISHES ARE REFLECTED BELOW:
_______ UPON MY DEATH, I DIRECT MY BODY TO BE BURIED. (AS
OPPOSED TO CREMATED)
_______ UPON MY DEATH, I DIRECT MY BODY TO BE BURIED IN
___________________________________________________. (OPTIONAL
DIRECTIVE)
_______ UPON MY DEATH, I DIRECT MY BODY TO BE CREMATED.
_______ UPON MY DEATH, I DIRECT MY BODY TO BE CREMATED, WITH MY
ASHES TO BE_______________________________________. (OPTIONAL
DIRECTIVE)
_______ MY AGENT MAY MAKE ALL FUNERAL AND BURIAL DISPOSITION
DECISIONS. (OPTIONAL DIRECTIVE)
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