How a Surrogate Makes Decisions
Being named as a health care surrogate carries real weight. Arizona law lays out a clear hierarchy for how decisions should be made, starting with the patient's own words.
The surrogate shall make health care decisions for the patient in accordance with the patient's wishes as expressed in the health care directive. If the health care directive does not provide sufficient information to know what the patient would want in a particular circumstance, the surrogate shall base these decisions on the surrogate's knowledge of the patient's values if those are known or can be determined to the surrogate's satisfaction.
A.R.S. § 36-3203(C)This three-tier framework matters. The directive comes first. If it does not address the situation, the surrogate looks to the patient's values and preferences. Only when neither source provides guidance does the surrogate fall back on a "best interest" standard.
Protection and Limits
Arizona law protects surrogates who act in good faith. A surrogate making genuine, well-intentioned decisions is not subject to civil or criminal liability. Courts can only override that protection with clear and convincing evidence of an improper motive.
The statute also sets firm boundaries. A surrogate cannot consent to anything the patient could not lawfully consent to. A surrogate who is not the patient's agent or guardian cannot approve the permanent withdrawal of artificially administered food or fluid. That restriction ensures the most consequential decisions stay in the hands of someone with direct legal authority from the patient or the court.
One practical note: a surrogate is not financially responsible for the patient's health care costs unless they would be required to pay regardless of the surrogate role.