Arizona’s health-care signing rule
An adult may name another adult to make health-care decisions. The written document must show that intent, be dated and signed as the statute permits, and be notarized or witnessed in writing by at least 1 qualifying adult.
What the agent does
The named agent may make and communicate health care decisions while the principal is unable to do so, subject to the document’s express limits and any qualifying court order.
A.R.S. §36-3223
The statute’s activation language is: “While the principal is unable to do so.”
The principal’s own instructions remain important. The agent’s authority is limited by the express language of the document, so exclusions and specific wishes should be read together with the appointment.
Execution checklist
- The writing clearly indicates an intent to create a health care power of attorney.
- The principal dates and signs or marks the document, subject to the statute’s physical-inability provision.
- The document is notarized or witnessed in writing by at least one qualifying adult.
A.R.S. §36-3221
“Is notarized or is witnessed in writing by at least one adult.”
The agent and a person directly involved in providing the principal’s health care at the signing cannot serve as the notary or witness. When the minimum-witness path is used, that person also cannot be related to the principal or entitled to part of the principal’s estate.
Related documents are not interchangeable
Living will
Records treatment directions and can be used with or instead of a health care power of attorney.
Read A.R.S. §36-3261Mental health care power of attorney
Addresses future mental-health decisions under the separate statutory framework.
Read A.R.S. §36-3281Changing or revoking the directive
A.R.S. §36-3202 lists several ways a person may revoke a health-care directive or disqualify a surrogate:
- • A written revocation or written disqualification of a surrogate.
- • Oral notice to the surrogate or a health care provider.
- • A new health care directive.
- • Another act that demonstrates a specific intent to revoke or disqualify.
Mental-health powers of attorney use additional revocation rules. Do not apply this list to that document without checking its separate statute.
Official form source
Arizona Life Care Planning forms
The Arizona Attorney General’s Office publishes health-care, living-will, mental-health, and related life-care forms no cost. The Attorney General distributes the forms but does not accept completed packets or update registry records.
Open the official Life Care Planning pageFrequently asked questions
Is a medical power of attorney the same as a financial power of attorney?
No. A health-care POA follows A.R.S. §36-3221; an individual financial POA follows A.R.S. §14-5501. The documents grant different authority and use different signing rules.
Does an Arizona health care power of attorney need to be notarized?
A.R.S. §36-3221 permits notarization or written witnessing by at least 1 qualifying adult. The statute places restrictions on who may serve as the notary or witness.
When can the medical agent make decisions?
A.R.S. §36-3223 says the designated agent may make and communicate health-care decisions while the principal is unable to do so, subject to the document’s express limits and a qualifying court order.
Can an Arizona health care directive be revoked?
A.R.S. §36-3202 lists written revocation, oral notice to the surrogate or a health-care provider, a new directive, and another act showing specific intent to revoke or disqualify. A separate rule applies to mental-health directives.
Where can I get the official Arizona form?
Arizona Attorney General’s Office publishes the current Life Care Planning forms no cost. The Arizona Judicial Branch also links to the official health-care and mental-health forms.
