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A.R.S. § 36-3211

Contact Rights When a Health Care Agent Acts

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

Arizona law protects the right of incapacitated individuals to maintain contact with people who matter to them. A health care agent cannot cut off family or friends without court approval. Courts can issue contact orders to enforce these protections.

Title 36, LIVING WILLS AND HEALTH CARE DIRECTIVES

azleg.gov

What an Agent Can and Cannot Do

When someone becomes incapacitated, a health care agent steps in to make decisions. Family dynamics can get complicated during this time.

Sometimes an agent limits visitors, restricts phone calls, or blocks family members from seeing the principal. Arizona law sets boundaries on that authority.

An agent may not limit, restrict or prohibit reasonable contact between the principal and any other person without prior court approval, unless the principal has granted the agent such authority in a health care directive.

A.R.S. § 36-3211(B)

The agent must allow reasonable visits unless the directive specifically grants authority to restrict contact. If the agent believes someone's presence is harmful, the agent can petition the court for a protective order. But the agent cannot act alone on that decision.

How Courts Handle Contact Disputes

Arizona provides a formal process for resolving these disputes. A family member, friend, or even the principal can petition the court for a contact order.

The person filing must show two things. First, they have a significant relationship with the principal. Second, the contact is in the principal's best interest.

The court looks at several factors. For example, it considers the history of the relationship and the principal's own wishes. It also weighs the principal's physical and emotional health and whether contact has ever been harmful.

The court can also order mediation if it seems helpful. In elder law, these disputes arise often enough that courts have clear standards for evaluating them.

This statute matters most for blended families, estranged relatives, and situations where one person controls access to another. It ensures that a health care proxy or agent cannot sever the principal's relationships without court oversight.

When someone serves as a health care agent through a durable power of attorney, that role comes with limits. The agent does not gain unlimited control over the principal's relationships.

A. Unless inconsistent with the express directions of the principal in a health care directive, an agent shall encourage and allow contact between the principal and other persons who have a significant relationship with the principal. B. An agent may not limit, restrict or prohibit reasonable contact between the principal and any other person without prior court approval, unless the principal has granted the agent such authority in a health care directive. C. A person who has a significant relationship with the principal and whose contact with the principal has been limited, restricted or prohibited by an agent may petition the court for an order compelling the agent to allow the person to have contact with the principal. D. A principal whose contact with a person who has a significant relationship with the principal has been limited, restricted or prohibited by an agent may petition the court for an order compelling the agent to allow the principal to have contact with the person. E. If an agent who does not have authority expressly granted in a health care directive to limit, restrict or prohibit contact between the principal and another person reasonably believes that contact between the principal and the person is not in the principal's best interest, the agent may petition the court for an order that limits, restricts or prohibits contact between the person and the principal. F. In determining what, if any, contact between a person and the principal is in the principal's best interest, the court shall consider all factors that are relevant to the principal's health, safety and welfare.

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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