Guides · State guides · Arizona
Medical Power of Attorney in Arizona: Forms, the Witness Rule and the Living Will
An Arizona health care power of attorney needs one adult witness or a notary, not both. Here is how it works, who can't witness it, and the free forms from the Attorney General.
By naveen · Updated · How we research our guides
What to know
- An Arizona health care power of attorney must be dated and signed by your parent and either notarized or witnessed by at least one adult (A.R.S. 36-3221).
- The witness or notary can't be the agent or someone directly involved in your parent's health care; a sole witness also can't be a relative or an heir.
- The Arizona Attorney General publishes free Life Care Planning forms: a health care power of attorney, a living will, a mental health care power of attorney and a prehospital directive.
- If there's no agent, Arizona law sets who decides, starting with a spouse, then a majority of adult children (A.R.S. 36-3231).
- Retirement Checklist puts these documents in order alongside everything else your family needs to settle.
A medical power of attorney in Arizona, called a health care power of attorney, lets your parent name an agent to make health care decisions when they can't. Under A.R.S. 36-3221, it must clearly show that intent, be dated and signed by your parent, and meet a one-of-two signing rule: it "is notarized or is witnessed in writing by at least one adult." The Attorney General's own form says to "just pick one."
What is a health care power of attorney in Arizona?
It's "a written designation of an agent to make health care decisions" under Arizona's health care directives law, Title 36, chapter 32. Any adult can make one, naming one or more adults to make health care decisions, and also, if your parent chooses, to handle funeral and disposition arrangements.
The agent can make and communicate decisions "while the principal is unable to do so." The statute's sample form (A.R.S. 36-3224) says, "This power of attorney is effective on my inability to make or communicate health care decisions." Under A.R.S. 36-3223, the agent's authority is "limited only by the express language of the health care power of attorney or by court order."
It's separate from a financial power of attorney, which has different signing rules; see our Arizona power of attorney guide.
What other health care documents does Arizona use?
Arizona's health care directives law also provides a living will, a mental health care power of attorney and a prehospital medical care directive.
| Document | What it does | Statute |
|---|---|---|
| Health care power of attorney | Names an agent for health care decisions | A.R.S. 36-3221 |
| Living will | States your parent's treatment wishes, alone or attached to a health care power of attorney | A.R.S. 36-3261 |
| Mental health care power of attorney | Names an agent for mental health treatment decisions | A.R.S. 36-3281 |
| Prehospital medical care directive | Tells emergency personnel not to perform CPR; must be on an orange background | A.R.S. 36-3251 |
The Attorney General's living will form notes: "If you have a Living Will and a Health Care Power of Attorney, you must attach the Living Will to the Health Care Power of Attorney." For the general picture, see power of attorney vs. advance directive.
How do you sign a health care power of attorney in Arizona?
Your parent dates and signs (or marks) it, and then one of two things happens:
- A notary notarizes it; or
- At least one adult witness signs, affirming they were present when your parent signed and that your parent appeared to be of sound mind and free from duress.
The Attorney General's form adds: "DO NOT have the documents signed by both a witness and a notary, just pick one. If you do not know a notary or cannot pay for one, a witness is legally accepted."
If your parent is physically unable to sign or mark it, the notary or each witness verifies on the document that your parent indicated it expressed their wishes. A living will that isn't part of a health care power of attorney is signed the same way.
Who can't be a witness in Arizona?
The agent and anyone directly involved in your parent's health care can't be the witness or the notary, and a sole witness also can't be a relative or an heir. Under A.R.S. 36-3221(C) and (D):
- The witness or notary can't be the person named to make medical decisions, or someone directly involved in your parent's health care when it's signed.
- If there's only one witness, that person also can't be related to your parent by blood, marriage or adoption, or entitled to any part of your parent's estate.
The Attorney General's form applies a stricter list to any witness or notary: no one under 18, related to your parent, entitled to part of the estate, appointed as the agent, or involved in your parent's health care. Following the form's list satisfies the statute either way.
Who can be the agent?
The agent must be an adult. In A.R.S. 36-3221 and 36-3223, the provider exclusions apply to the witness and notary rather than to the agent; for a mental health care power of attorney, an agent can't be someone directly involved in your parent's care when it's signed. A person whose fiduciary license was suspended or revoked can't serve unless related to your parent.
The agent must follow your parent's wishes as expressed in the directive. If the directive is silent, the agent relies on knowledge of your parent's values, and failing that, decides based on a good-faith belief about your parent's best interest (A.R.S. 36-3203).
Where do you get the official Arizona forms?
The Arizona Attorney General's Life Care Planning page offers the forms "at no cost," in English and Spanish:
- Health Care Power of Attorney
- Mental Health Care Power of Attorney
- Living Will (End of Life Care)
- Pre-Hospital Medical Directive (Do Not Resuscitate), which "MUST BE PRINTED ON ORANGE PAPER"
- POLST Form
Packets can also be requested by phone at (602) 542-2123 or (800) 352-8431. The office "does NOT accept the Life Care planning packets, ONLY distributes them." Using the state's form is optional; the statute's living will form "is offered as a sample only."
Arizona also has a health care directives registry, run by a health information exchange that the Department of Health Services designates (A.R.S. 36-3291); the Attorney General's page names it as Contexture's Arizona Healthcare Directives Registry (AzHDR). Registering is optional: under A.R.S. 36-3293, failing to register "does not affect the validity of a health care directive."
What happens if your parent has no agent?
If your parent can't decide and hasn't named an agent, A.R.S. 36-3231 sets who acts as surrogate, among those available and willing, in this order:
- your parent's spouse, unless legally separated;
- an adult child, or a majority of the adult children who are reasonably available;
- a parent of your parent;
- if your parent is unmarried, a domestic partner;
- a brother or sister;
- a close friend who has shown special care and concern and knows your parent's health care views.
If no one can be found, the attending physician may decide after consulting an institutional ethics committee, or, if that isn't possible, a second physician who agrees. A surrogate who isn't the agent or guardian can't consent to permanently withdrawing artificial food or fluids.
How do you revoke an Arizona advance directive?
Under A.R.S. 36-3202, your parent can revoke a health care directive, or disqualify a surrogate, by:
- a written revocation or written statement;
- orally telling the surrogate or a health care provider;
- making a new health care directive;
- any other act that shows a specific intent to revoke.
If directives conflict, "the most recent directive is deemed to represent the wishes of the patient." A mental health care power of attorney has its own rule: it can't be revoked while your parent has been found incapable.
What questions are worth asking before your parent signs?
These questions cover the choices Arizona's forms leave to your parent: the agent, a living will, the witness or notary, and a prehospital directive.
- Who would your parent trust to follow their wishes even when the family disagrees?
- Does your parent want a living will attached, and which of its options fit?
- Witness or notary: who is available and eligible?
- Does your parent want a prehospital directive on orange paper, and have they discussed it with their doctor?
- Has your parent given copies to the agent and their doctor?
Frequently asked questions
Does a medical power of attorney need to be notarized in Arizona?
No. Under A.R.S. 36-3221, an Arizona health care power of attorney can be notarized or witnessed by at least one adult. The Attorney General's form says to pick one, not both. The witness or notary can't be the agent or involved in your parent's health care, and a sole witness can't be a relative or heir.
Can a family member witness a health care power of attorney in Arizona?
Not if they're the only witness. A.R.S. 36-3221(D) says a sole witness can't be related to your parent by blood, marriage or adoption, or entitled to part of the estate. The Attorney General's form excludes relatives for any witness or notary, so following the form avoids the question.
Where can I get an Arizona medical power of attorney form?
The Arizona Attorney General's Life Care Planning page offers a free Health Care Power of Attorney form, along with a living will, mental health care power of attorney and prehospital directive, in English and Spanish. Packets can also be requested by phone. Other forms that meet the statute's requirements also work.
Does an Arizona health care power of attorney cover finances?
No. It covers health care decisions, and if your parent chooses, funeral and disposition arrangements. Money and property need a separate financial power of attorney under A.R.S. 14-5501, which requires a witness and a notary and durability wording, so the two documents follow different signing rules.
Is an advance directive from another state valid in Arizona?
Yes, if it was valid where it was made. Under A.R.S. 36-3208, a health care directive prepared in another state is valid in Arizona "if it was valid in the place where and at the time when it was adopted," to the extent it doesn't conflict with Arizona's criminal laws. A prehospital directive has its own form rules.
Can my parent change their mind after signing?
Yes. Your parent can revoke an Arizona health care directive in writing, by telling the agent or a health care provider, by making a new directive, or by any act that shows the intent to revoke. If directives conflict, the most recent one is treated as your parent's wishes.
Getting started
A health care power of attorney only helps if it's signed while your parent can sign it, with an eligible witness or a notary. The plan this site builds asks four questions, including which state your parents live in, and puts the steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- A.R.S. 36-3221, Health care power of attorney: signing, witnesses and notaries.
- A.R.S. 36-3223, Agent's authority: when the agent acts and the limits of authority.
- A.R.S. 36-3202, Revocation: how to revoke a health care directive.
- A.R.S. 36-3231, Surrogates: who decides when there's no agent.
- A.R.S. 36-3261, Living will: the living will and its signing rule.
- A.R.S. 36-3251, Prehospital medical care directives: the orange do-not-resuscitate form.
- A.R.S. 36-3208, Out-of-state directives: validity of directives from other states.
- A.R.S. 36-3291, Health care directives registry: who operates the registry.
- Arizona Attorney General, Life Care Planning: the free official forms.
More on what this tool does and doesn't do, or browse everything we've written.