A Financial POA Cannot Make Medical Decisions
Many people assume that a general or durable power of attorney covers everything, including healthcare. It does not. Arizona law specifically excludes healthcare decision-making from the authority granted under this article of the statutes.
This article does not apply to health care directives that are validly executed under section 36-3221 and does not establish authority under a durable power of attorney for the purposes of health care decision making.
A.R.S. § 14-5507This means a durable financial power of attorney, no matter how broadly written, does not give your agent the right to consent to surgery, refuse treatment, or make end-of-life decisions. Those powers require a separate legal document.
Why Two Documents Are Necessary
Arizona separates financial authority from healthcare authority for good reason. The skills, judgment, and trust required for each role can be very different. You might want your spouse to handle your finances but a medically knowledgeable sibling to make healthcare decisions. Or you might want the same person for both, but the law requires you to say so in two separate documents.
A comprehensive estate plan in Arizona typically includes a durable financial power of attorney (covered by this article) and a healthcare directive under A.R.S. 36-3221, which combines your living will preferences with the appointment of a healthcare agent. Together, these documents cover both sides of incapacity planning.
Without the healthcare piece, your family may need to petition for a guardianship just to authorize routine medical treatment. That is an outcome a well-prepared estate plan avoids entirely.
