A medical power of attorney (MPOA) lets you choose an agent to make healthcare decisions on your behalf if you become incapacitated and can’t make decisions for yourself. Your agent is responsible for acting according to your values and best interests.
An Arizona medical power of attorney can also be referred to as a:
- Arizona Health Care Power of Attorney
- Arizona Durable Health Care Power of Attorney
Laws: Title 36, Chapter 32 of the Arizona Revised Statutes (A.R.S. § 36-3201-3224) governs the creation of medical powers of attorney in Arizona.
Consider creating the following documents to complement your Arizona MPOA:
- Living Will: This document lets you describe your medical-related wishes so your doctor and healthcare agent know how to proceed if you can’t communicate.
- Arizona Power of Attorney: This type of POA assigns an agent to assist with your financial affairs, either immediately or when you’re incapacitated
How to Fill in a Medical Power of Attorney in Arizona
Take the following steps to make sure your medical POA is valid and legally-binding under Arizona law.
Step 1: Choose an agent
Your agent (sometimes called a surrogate) is responsible for making decisions about your health care if you become too sick to communicate.
Who should you choose as an agent?
Your agent can be any adult you trust with your medical affairs. They should understand your values and beliefs so they can better make decisions on your behalf as you would have wanted.
Relevant law: A.R.S. § 36-3221
Who can’t be your agent?
Your agent can’t be someone whose license as a fiduciary is currently suspended or revoked unless they’re related to you by blood, marriage, or adoption.
Relevant law: A.R.S. § 36-3221
Can you have more than one agent?
Yes, you can assign an alternate agent to take over if your primary agent can’t fulfill their duties.
Relevant law: A.R.S. § 36-3224
Step 2: Specify what healthcare decisions your agent can make
Can you limit your agent’s powers?
Yes, you can describe any limitations you want to place on your agent’s powers in the MPOA document. For example you can include, “I don’t want my agent to make decisions about my final arrangements”
If you don’t limit your agent’s powers in your medical power of attorney document, they’ll have full authority under Arizona state law to make any healthcare decision you could make yourself, for example:
Medical decisions:
- Choosing a primary care physician
- Withholding pain-relieving medication
- Administering artificial hydration or nutrition
Post-death decisions:
- Consenting to an autopsy
- Donating your body to research
- Planning your funeral
Relevant law: A.R.S. § 36-3221 and A.R.S. § 36-3223
What is your agent legally unable to do?
Your agent can’t do anything that goes against your wishes, isn’t in your best interest, or would be illegal for you to consent to yourself.
Relevant law: A.R.S. § 36-3203
When can your agent start making decisions for you?
Your agent can only make healthcare decisions for you when you’re unable to do so yourself.
Relevant law: A.R.S. § 36-3223
Step 3: Sign the form
Sign your medical power of attorney form according to Arizona requirements to ensure it’s legally binding.
Do you need witness or notary signatures?
Yes, your Arizona medical power of attorney must be signed in the presence of a notary public or one witness. If you’re physically unable to sign, you can tell your notary or witness that the document expresses your wishes and you intend to make it valid.
Relevant law: A.R.S. § 36-3221
Who can’t be a witness?
Your notary or witness can’t be:
- Your agent
- Anyone directly involved in your health care
- Your blood relative, adoptive family member, or spouse
- Someone who will inherit from your estate
However, if two people witness your Arizona MPOA, one of them can be a family member or beneficiary.
Relevant law: A.R.S. § 36-3221
How long is your Arizona medical power of attorney effective?
In Arizona, a medical power of attorney form is valid indefinitely until you revoke it or a court order removes your agent’s powers.
Relevant law: A.R.S. § 36-3223
How to Revoke an Arizona Medical Power of Attorney
If you change your mind, you can revoke your medical power of attorney at any time with any of the following:
- Creating a written revocation of power of attorney form
- Writing a statement to disqualify your agent
- Telling your agent or your health care provider you want to revoke
- Creating a new MPOA with different terms
- Any other action that indicates specific intent to revoke
Relevant law: A.R.S § 36-3202