What the Document Must Include
A medical 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 care decisions on your behalf when you cannot speak for yourself. Under the Arizona Revised Statutes, specific legal requirements must be met for the document to be 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. The witness must confirm that the signer appeared to be of sound mind and free from pressure at the time of signing.
Who Cannot Serve as a Witness
Arizona places restrictions on who can witness this document. The witness cannot be the person named as the health care agent. The witness also 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. That is one reason most estate planning professionals recommend notarization.
Additional Safeguards for Healthcare Decisions
One additional safeguard: a person whose fiduciary license has been suspended or revoked under A.R.S. 14-5651 cannot serve as your agent. The exception is if they are related to you by blood, adoption, or marriage.
Many families find that creating this document alongside a health care directive gives them complete coverage. The directive states your preferences. The power of attorney names the person who will carry them out. Together, these documents ensure that your healthcare decisions are handled by someone you trust, following the instructions you have chosen.
What Happens If You Never Sign One?
If you never execute a health care power of attorney under this statute, Arizona falls back to the surrogate priority list in A.R.S. 36-3231. That puts your spouse first, followed by adult children, parents, siblings, and friends. For a side-by-side look at how an agent under 36-3221 differs from a surrogate under 36-3231 — and why most married Arizonans still need this document — see our FAQ: Who makes medical decisions if I am incapacitated in Arizona — can my spouse decide?