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Surrogate Decision Maker

Estate Documents

A person authorized by Arizona law to make medical decisions for an incapacitated patient who has no health care power of attorney.

A surrogate decision maker steps in to make medical decisions for a patient who cannot decide. This only applies when no health care directive or health care power of attorney is on file. Arizona law under A.R.S. 36-3231 authorizes this role and sets clear rules.

How Someone Becomes a Surrogate

The attending physician determines that the patient cannot make health care decisions. The medical team then looks for a surrogate using Arizona's priority list:

  • Spouse (unless legally separated)
  • Adult child of the patient
  • Parent of the patient
  • Domestic partner
  • Sibling of the patient
  • Close friend who knows the patient's values and wishes

The surrogate must be available and willing to act. They must base decisions on the patient's known wishes. If those wishes are unknown, the surrogate acts in the patient's best interest.

What Decisions Can a Surrogate Make

A surrogate can consent to or refuse medical treatments. They can choose between treatment options and make end-of-life care decisions. However, a surrogate's authority is more limited than a named agent's. If family members at the same priority level disagree, the process can stall. Disputes may need court involvement to resolve.

How to Avoid Needing a Surrogate

The surrogate system is a safety net. It is not a substitute for proper planning. A health care power of attorney lets you choose who makes your medical decisions. You also control what authority they have. Planning ahead puts you in control.

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