When Disputes Reach the Court
Most health care directives operate smoothly. But when disagreements arise between family members, surrogates, or providers, Arizona law provides a clear judicial process to resolve them.
An interested person may file a verified petition with the superior court to determine the validity or effect of a health care directive or the decision of a surrogate.
A.R.S. § 36-3206(A)An "interested person" includes the patient, anyone on the surrogate priority list, a health care provider involved in the patient's care, or a provider's employee. The petition must identify the patient, any surrogate or guardian, known health care providers, a copy or description of the directive, and the specific relief being sought.
What the Court Can Do
Once a petition is filed, the court moves quickly. A hearing must be scheduled within five working days. The court can take several protective actions: appoint an attorney for the patient, assign a physician or investigator to evaluate the patient, enter temporary orders to protect the patient's wishes, or appoint a temporary guardian.
The court can also remove a surrogate and appoint a successor, direct compliance with the directive's terms, order patient transfers to willing providers, and assess court costs against anyone who proceeds in bad faith.
For cases involving the permanent withdrawal of food and fluid from a patient in an irreversible coma or persistent vegetative state, the statute creates a rebuttable presumption in favor of continued feeding when no valid directive exists. Any court order authorizing such withdrawal is automatically stayed for five business days to allow an appeal. This layered safeguard ensures the most consequential decisions receive careful judicial review.
