Registration Is Optional, Not a Condition of Validity
Some people worry that their healthcare directive might not count if it is not in the official registry. This statute puts that concern to rest. Advance directives are legally valid whether or not they appear in the registry. The only requirement is that they meet the standard rules for execution under Chapter 32.
Failure to register a document with the qualifying health information exchange organization pursuant to this article does not affect the validity of a health care directive.
A.R.S. § 36-3293(A)This is an important protection. The registry exists to make directives easier to find during emergencies. It is a tool for accessibility, not a legal prerequisite. If you created a properly executed healthcare directive and gave copies to your family members and your healthcare agent, that document carries full legal weight.
Revocations Stand on Their Own
The same principle applies to revocations. If you revoke your healthcare directive but do not notify the registry, the revocation is still legally effective. The registry may still contain the old version, but that does not override your decision to revoke it.
Failure to notify the qualifying health information exchange organization of the revocation of a document filed pursuant to this article does not affect the validity of a revocation that otherwise meets the requirements for a revocation pursuant to this chapter.
A.R.S. § 36-3293(B)That said, leaving an outdated directive in the registry can create confusion. If a provider looks up your records during an emergency and finds an old directive, they may follow instructions you no longer want. Updating the registry when you revoke or amend your directives is a practical step worth taking.
What This Means for Your Advance Care Planning
There are several types of advance directives you might create: a living will, a health care power of attorney, or a do-not-resuscitate (DNR) order. Each one is valid on its own. Registration simply makes it easier for providers to find these documents when someone else needs to make decisions on your behalf.
Family members play a key role here. If they know where your directive is stored, they can share it with providers during an emergency. But if no one can locate the document, medical treatment may proceed without your wishes being known. That is the gap registration fills.
The bottom line: registration helps, but it does not make or break your healthcare directive. Focus on creating the document, keeping it current, and making sure the people who matter know where to find it. Good advance care planning means both the document and the people around you are prepared.