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A.R.S. § 36-3202

How to Revoke a Health Care Directive

Verified April 4, 202657th Legislature, 1st Regular Session

Arizona law makes it simple to revoke a health care directive or disqualify a surrogate. You can do it in writing, by telling your surrogate or provider, by creating a new directive, or by any action that clearly shows you intend to revoke it.

Title 36, LIVING WILLS AND HEALTH CARE DIRECTIVES

azleg.gov

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 healthcare law gives you broad flexibility to change your mind. 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. § 36-3202

Notice how broad that last option is. Arizona does not limit revocation to a specific form. If your actions clearly show 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. Your surrogate should be told directly. If you create a new directive, it generally replaces the old one. 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: your medical wishes should always reflect your current thinking. Life changes, health conditions evolve, and relationships shift. Your directive should keep pace.

Why This Matters for Family Members

Anyone 18 years or older can create and revoke a health care directive. This means your adult children, parents, or spouse should know where your current directive is stored. When family members are not aware of a revocation, they may rely on outdated instructions during a medical crisis.

Consider telling your closest family members whenever you make changes. A simple conversation about your updated wishes can prevent disagreements later. If you have named a new surrogate, let the previous one know they are no longer responsible.

Keeping your documents current is especially important after major life events. Marriage, divorce, a new diagnosis, or the death of a named surrogate are all reasons to revisit your directive. Arizona's flexible revocation rules make it easy to stay up to date.

36-3202. Revocation of health care directive; disqualification of surrogate Except as provided in section 36-3285 in regard to a mental health care power of attorney, 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.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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