A Template, Not a Requirement
This statute provides Arizona's official sample health care power of attorney form. It covers the key elements: naming an agent, naming a backup agent, attaching a living will, and expressing preferences for organ donation and autopsy. But the law is clear that this form is optional.
Any writing that meets the requirements of section 36-3221 may be used to create a health care power of attorney. The following form is offered as a sample only and does not prevent a person from using other language or another form.
A.R.S. § 36-3224What matters is substance, not format. As long as your document is signed, dated, and either witnessed or notarized under 36-3221, Arizona recognizes it. Many estate planning professionals use customized forms that go further than the sample, adding specific instructions about life-sustaining treatment, mental health care, and facility preferences.
What the Sample Form Covers
The statutory sample includes several sections that people sometimes overlook. Beyond naming a primary and backup agent, it asks you to indicate whether you have completed a living will and whether you have a prehospital medical care directive (the orange-paper DNR). It also includes sections on autopsy consent and organ donation.
The organ donation section is especially worth noting. If you do not initial any of the organ donation options, Arizona law gives your agent and your family the authority to make that decision after your death. If you have strong preferences either way, completing that section removes ambiguity during an already difficult time.
Many families find that using a professionally prepared form, rather than the bare-bones statutory sample, leads to a document that is more comprehensive and easier for healthcare providers to follow. Partner attorneys who work with RJP Estate Planning typically create tailored healthcare directives that address the specific concerns of each client.
