Moving to Arizona with an Existing Directive
People relocate to Arizona from every state. One of the first questions that comes up during estate planning is whether their existing documents still work. For health care directives, the answer is generally yes.
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. § 36-3208The 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. Assuming both conditions are met, Arizona doctors and hospitals should follow the directive.
When Updating Makes Sense
While an out-of-state directive may be legally valid, practical complications can arise. Hospital staff in Arizona may be unfamiliar with another state's form or terminology. A directive from 20 years ago may not address medical technologies that exist today. And if you have changed your preferences since signing the original document, those older instructions could lead to care you no longer want.
For Arizona residents who moved from another state, having a partner attorney prepare a new directive under Arizona law is a straightforward way to eliminate any ambiguity. The new document will use familiar Arizona language, reference current medical scenarios, and work alongside a health care power of attorney to provide complete coverage.
