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A.R.S. § 36-3208

Out-of-State Health Care Directives Still Count

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

If you signed a health care directive before September 30, 1992, Arizona will honor it. The same applies if you signed one in another state. The directive must have been valid where and when it was created. It cannot conflict with Arizona criminal law.

Title 36, LIVING WILLS AND HEALTH CARE DIRECTIVES

azleg.gov

Moving to Arizona with an Existing Directive

People relocate to Arizona from every state. One of the first questions during estate planning is whether existing documents still work.

For health care directives, the answer is generally yes. A directive that was valid in Arizona remains valid here.

A health care directive prepared before September 30, 1992, or prepared in another state, district or territory of the United States is valid in this state if it was valid in the place where and at the time when it was adopted and only to the extent that it does not conflict with the criminal laws of this state.

A.R.S. § 36-3208

The statute sets two conditions. First, the directive must have been valid under the laws of the state where it was signed.

Second, it cannot authorize anything that would violate Arizona criminal law. If both conditions are met, Arizona doctors and hospitals should follow the directive.

When Updating Makes Sense

An out-of-state directive may be legally valid, but practical issues can come up. Hospital staff may be unfamiliar with another state's form or terms.

A directive from 20 years ago may not address medical care options that exist today. And if preferences have changed, those older instructions could lead to unwanted outcomes.

Family members often discover these issues during an emergency. At that point, there is no time to sort out questions about validity. For that reason, many families who move to Arizona choose to prepare new directives.

Practical Considerations for New Residents

Any adult 18 years or older can create a new health care directive in Arizona. The new document will use familiar Arizona language and cover current medical scenarios.

It can work alongside a health care power of attorney to provide complete coverage. A new directive also avoids confusion about end-of-life preferences that may have changed over time.

Many families find that updating their documents after a move gives them peace of mind. It removes any doubt about whether their wishes will be followed at an Arizona hospital or care facility.

A health care directive prepared before September 30, 1992, or prepared in another state, district or territory of the United States is valid in this state if it was valid in the place where and at the time when it was adopted and only to the extent that it does not conflict with the criminal laws of this state.

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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