Medical Power of Attorney in Arizona

Arizona calls it a "health care power of attorney." An adult may name one or more adults to make health care decisions, and may also cover funeral and disposition arrangements. The document must clearly show the intent to create a health care power of attorney, be dated and signed (or marked), and be notarized or witnessed by at least one adult who was present at signing. The notary or witness cannot be the named agent or a person directly involved in the principal's health care; if only one witness is used, that witness cannot be related by blood, marriage or adoption or be an heir or will beneficiary. A fiduciary whose license was suspended or revoked generally cannot serve as agent. A sample form is in the statutes and is optional.

An adult may sign a health care power of attorney that clearly shows that intent, is dated and signed, and is either notarized or witnessed by at least one adult. The notary or witness cannot be the named agent or anyone directly providing health care to the person. The statute offers a sample form, which is optional.

An adult may write a living will to control the health care treatment decisions that can be made for them. It can be part of a health care power of attorney or stand alone. A stand-alone living will must be signed the same way as a health care power of attorney: dated and signed, and either notarized or witnessed by at least one adult who affirms the person signed and appeared of sound mind and free from duress. The notary or witness cannot be the named agent or anyone directly providing the person's health care, and a single witness cannot be a relative or heir. The statute offers a sample living will form, which is optional.

Arizona has no fill-in statutory financial power of attorney form, but A.R.S. 14-5501(D) sets execution rules and gives the required wording for the principal's declaration, witness affidavit and notary jurat. A financial (durable) power of attorney must clearly state the intent to create a power of attorney and identify the agent; be signed by the principal (or by another person in the principal's conscious presence and at their direction); be witnessed by one person who is not the agent, the agent's spouse or children, or the notary; and be acknowledged before a notary, with the witness's affidavit sworn before the notary. For health care, the Arizona Attorney General's Life Care Planning page offers free forms: Health Care Power of Attorney, Mental Health Care Power of Attorney, Living Will, and Pre-Hospital Medical Directive (Do Not Resuscitate, printed on orange paper).