How Broad Is a Healthcare Agent's Authority
The default rule under Arizona law is generous. Your agent can make any medical care decision you could make yourself, unless you write specific limits into the document.
For example, they can consent to or refuse surgery, choose facilities, and direct comfort care. Your agent can also speak with providers on your behalf about future health care decisions.
An agent's authority to make health care decisions on behalf of the principal is limited only by the express language of the health care power of attorney or by court order as prescribed under section 36-3206.
A.R.S. § 36-3223(B)This is why choosing the right agent matters so much. Your agent will have legal standing to speak for you during critical moments. They may need to decide about life sustaining treatment or whether to continue life without artificially prolonging it.
Their appointment stays in effect until you revoke it or a court intervenes.
Fiduciary Restrictions on Serving as an Agent
Arizona adds one important safeguard. If a person's fiduciary license has been suspended or revoked under A.R.S. 14-5651, they cannot serve as a health care agent. The exception is if they are related to you by blood, adoption, or marriage.
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.
A.R.S. § 36-3223(D)If their license is later reinstated and in good standing, the restriction no longer applies. This rule protects vulnerable people from someone with a history of fiduciary misconduct.
For most families, this will never come into play. But for those who rely on professional fiduciaries, it is an important layer of accountability.
Your agent's authority also extends to mental health care decisions unless you exclude that power. If quality of life matters to you, writing those preferences into your document gives your agent clear guidance.
Without a healthcare power of attorney, your family may face delays and disputes. Naming an agent in advance removes that uncertainty and keeps decisions with someone you trust.