A.R.S. § 36-3221

Requirements for a Valid Health Care Power of Attorney in Arizona

Verified April 4, 2026 • 57th Legislature, 1st Regular Session

Arizona law allows any adult to name another adult to make health care decisions or handle funeral arrangements by signing a health care power of attorney. The document must be in writing, dated, signed, and either notarized or witnessed. Specific rules govern who can serve as a witness and who can be named as agent.

Title 36, LIVING WILLS AND HEALTH CARE DIRECTIVES

azleg.gov

What the Document Must Include

A health care power of attorney is one of the most important documents in any estate plan. It gives someone you trust the legal authority to make medical decisions on your behalf when you cannot speak for yourself. Arizona law sets specific requirements to ensure the document is valid.

A person who is an adult may designate another adult individual or other adult individuals to make health care decisions on that person's behalf or to provide funeral and disposition arrangements in the event of the person's death by executing a written health care power of attorney.

A.R.S. § 36-3221(A)

The document must contain clear language showing intent to create a health care power of attorney. It must be dated and signed (or marked) by the person creating it. And it must be either notarized or witnessed by at least one adult who can confirm that the signer appeared to be of sound mind and free from duress at the time of signing.

Who Cannot Serve as a Witness

Arizona places restrictions on who can witness a health care power of attorney. The witness cannot be the person named as the health care agent, and cannot be someone directly involved in providing health care to the principal at the time of signing.

If a health care power of attorney is witnessed by only one person, that person may not be related to the principal by blood, marriage or adoption and may not be entitled to any part of the principal's estate by will or by operation of law at the time that the power of attorney is executed.

A.R.S. § 36-3221(D)

These restrictions exist to protect against undue influence. If you use only one witness instead of a notary, that witness must be someone with no personal stake in your estate. A notarized document avoids this limitation entirely, which is one reason most estate planning professionals recommend notarization.

One additional safeguard: a person whose fiduciary license has been suspended or revoked under A.R.S. 14-5651 cannot serve as your agent unless they are related to you by blood, adoption, or marriage.

A. A person who is an adult may designate another adult individual or other adult individuals to make health care decisions on that person's behalf or to provide funeral and disposition arrangements in the event of the person's death by executing a written health care power of attorney that meets all of the following requirements: 1. Contains language that clearly indicates that the person intends to create a health care power of attorney. 2. Except as provided under subsection B of this section, is dated and signed or marked by the person who is the subject of the health care power of attorney. 3. Is notarized or is witnessed in writing by at least one adult who affirms that the notary or witness was present when the person dated and signed or marked the health care power of attorney, except as provided under subsection B, and that the person appeared to be of sound mind and free from duress at the time of execution of the health care power of attorney. B. If a person is physically unable to sign or mark a health care power of attorney, the notary or each witness shall verify on the document that the person directly indicated to the notary or witness that the power of attorney expressed the person's wishes and that the person intended to adopt the power of attorney at that time. C. A notary or witness shall not be any of the following: 1. A person designated to make medical decisions on the principal's behalf. 2. A person directly involved with the provision of health care to the principal at the time the health care power of attorney is executed. D. If a health care power of attorney is witnessed by only one person, that person may not be related to the principal by blood, marriage or adoption and may not be entitled to any part of the principal's estate by will or by operation of law at the time that the power of attorney is executed. E. A person whose license as a fiduciary has been suspended or revoked pursuant to section 14-5651 may not serve as an agent under a power of attorney in any capacity unless the person is related to the principal by blood, adoption or marriage. This prohibition does not apply if the person's license has been reinstated and is in good standing.

View on azleg.gov

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.

Related Statutes

§ 36-3201Health Care Directive Definitions in Arizona

§ 36-3202How to Revoke a Health Care Directive in Arizona

§ 36-3203Surrogate Authority and Responsibilities for Health Care Decisions in Arizona

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