Some of our most important health care decisions tend to come toward the end of peoples' lives, when they may be unable to make informed decisions. The durable power of attorney, therefore, allows individuals to appoint someone else to make these decisions on their behalf. Arizona durable power of attorney laws require that the appointed individual be a legal adult, have the capacity to understand this responsibility, and that the document be signed in the presence of at least one adult or notary public.
The following chart lists the main elements of Arizona's durable power of attorney laws. See Wills and Durable Power of Attorney for Health Care for more details.
| Code Section | 36-3221, et seq. Health Care Power of Attorney |
| Specific Powers, Life-Prolonging Acts | Power to give or refuse consent to all medical, surgical, hospital, and make health care decisions on that persons behalf |
| Legal Requirements for Durable Power of Attorney | (1) Adult; (2) in writing; (3) language clearly indicating intent to create a health care power of attorney; (4) dated; (5) signed; (6) witnessed by at least one adult or a notary public and who is not related to principal by blood, marriage, or adoption & not entitled to any of principal's estate |
| Revocation of Durable Power of Attorney | Person may revoke health care directive or disqualify a surrogate by (1) written revocation; (2) orally notifying surrogate or health care provider; (3) making new health care directive; (4) any other act demonstrating specific intent to revoke |
| Validity from State-to-State | Health care directive prepared in another state is valid in this state if it was valid where and at the time it was adopted to the extent it does not conflict with the criminal laws of Arizona |
| If Physician Unwilling to Follow Durable Power of Attorney | - |
| Immunity for Attending Physician | Health care provider making good faith decisions in reliance on apparently genuine health care directive or decision of a surrogate is immune from civil, criminal, and professional discipline for that reliance |
Note: State laws are constantly changing -- contact an Arizona estate planning attorney or conduct your own legal research to verify the state law(s) you are researching.
Related Resources for Durable Power of Attorney Laws:
