How Broad Is a Healthcare Agent's Authority
The default rule in Arizona is generous. Unless you write specific limitations into your health care power of attorney, your agent can make any medical decision you could make yourself. That includes consenting to or refusing surgery, choosing facilities, directing end-of-life care, and communicating with providers on your behalf.
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. The person you name will have the legal standing to speak for you during some of the most critical moments of your life. Their appointment stays in effect until you revoke it yourself or a court intervenes.
Fiduciary Restrictions on Serving as an Agent
Arizona adds one important safeguard. A person whose fiduciary license has been suspended or revoked under A.R.S. 14-5651 cannot serve as a health care agent unless they are related to you by blood, adoption, or marriage. If their license is later reinstated and in good standing, the restriction no longer applies.
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)This provision protects vulnerable individuals from being placed under the care of someone with a history of fiduciary misconduct. For most families, it will never come into play. But for those who rely on professional fiduciaries, it is an important layer of accountability.
