A Financial POA Cannot Make Medical Decisions
Many people assume that a durable power of attorney covers everything, including healthcare. It does not. The law excludes medical decisions from this article's scope.
A durable power of attorney is a legal document for financial matters only.
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 does not give your agent the right to consent to surgery or refuse treatment. It also does not cover end-of-life decisions. Those powers require a separate legal document.
Why Two Documents Are Necessary
The law separates financial authority from healthcare authority for good reason. The skills, judgment, and trust required for each role can differ. You might want your spouse to handle finances but a sibling to make healthcare decisions.
Or you might want the same person for both. Either way, the law requires two separate documents.
A complete estate plan typically includes a durable financial power of attorney and a healthcare directive under A.R.S. 36-3221. The healthcare directive combines your living will preferences with a healthcare agent appointment.
Together, these two documents cover both sides of incapacity planning.
Without the healthcare piece, your family may need to petition for a guardianship for routine medical treatment. A well-prepared estate plan avoids that outcome entirely.
Having both documents in place protects your rights. The people you choose can make decisions on your behalf.