Four Ways to Revoke or Change Your Directive
One of the most common concerns people have about health care directives is whether they are locked in once signed. They are not. Arizona law gives you broad flexibility to change your mind, and the process is intentionally simple.
A person may revoke the person's own health care directive or disqualify a surrogate by doing any of the following: 1. Making a written revocation of a health care directive or a written statement to disqualify a surrogate. 2. Orally notifying the surrogate or a health care provider. 3. Making a new health care directive. 4. Any other act that demonstrates a specific intent to revoke or to disqualify a surrogate.
A.R.S. § 36-3202Notice how broad that last option is. Arizona does not limit revocation to a specific form. If your actions clearly demonstrate the intent to revoke, that can be enough. Tearing up the document, for example, could qualify under that catch-all provision.
Practical Considerations When Revoking
While the law makes revocation flexible, a few practical steps help avoid confusion. If you revoke orally, make sure the right people know. Your health care provider should be informed, and your surrogate should be told directly. If you create a new directive, it generally supersedes the old one, but destroying or clearly marking the previous document prevents conflicting instructions from circulating.
One exception exists: mental health care powers of attorney under A.R.S. 36-3285 have separate revocation rules. For standard health care directives and living wills, this statute controls.
The simplicity of revocation reflects an important principle in Arizona law: your medical wishes should always reflect your current thinking. Life changes, health conditions evolve, and relationships shift. Your directive should keep pace.
