Arizona Advance Directive Form [PDF]

The Arizona state legislature defines an advance directive in Sec. 36-3201 as a legal document that appoints an agent to make medical decisions about a principal's future health care if the principal cannot communicate their wishes.

The advance directive, also known as advance health care directive form is a combination of the following documents:

Living will. It specifies the principal's preferences regarding medical treatment.
Durable power of attorney (medical power of attorney). It designates a person with the authority to make medical decisions on the principal's behalf if the principal becomes incapacitated.

Given the importance of this document, individuals should consider consulting an attorney to ensure their wishes are clearly stated and will be respected according to the directive.

Signing Requirements for an Arizona Advance Health Care Directive

To ensure the legal validity of an Arizona health care advance directive as a part of advance care planning, the following requirements must be met:

Signing Requirements for Arizona

Intent and language. The document must clearly indicate the person's intention to create an advance health care directive.
Date and signature. The person making the directive must date and sign the document.
Notarization or Witnessing. The document must be notarized or witnessed by at least one adult. This notary or witness must affirm that the principal appeared to be of sound mind and free from duress at the time of signing.

Also, witnesses cannot be:

Appointed Arizona health care proxy.
Relatives by blood, marriage, or adoption, or someone entitled to any part of the principal's estate by will or by law.

Arizona Advance Health Care Directive Revocation & Changes

In Arizona, an advance directive becomes effective when the principal’s attending physician determines that they can no longer make or communicate medical decisions.

According to Sec. 36-3202, an advance health care directive in Arizona can be revoked at any time by the person who created it, as long as they are mentally competent.

They can do this in several ways:

Directive Revocation and Changes

Written revocation: The individual may provide a written statement to revoke the directive or disqualify a surrogate.
Oral notification: The individual may verbally inform the surrogate or a health care provider of the decision to revoke.
Creating a new directive: By executing a new advance directive, the previous one is automatically revoked.
Demonstrating intent: Any clear action by the individual that shows intent to revoke the directive or disqualify the surrogate is valid.

Additional Legal Considerations for the Arizona Advance Health Care Directive

According to Sec. 36-3209, if a person has multiple valid health care directives and there is a conflict between them, the most recent directive is considered to reflect the patient’s current wishes.

On the other hand, if there is a conflict between a health care directive, a decision made by someone holding a power of attorney, or a decision by a surrogate, and a doctor’s order, the patient’s directive or the decisions of their agent or surrogate are presumed to represent what the patient wants.

How to Choose a Health Care Agent in Arizona?

When choosing a health care agent in Arizona, it’s important to pick someone who understands your values and medical preferences. The agent will make decisions on your behalf if you can’t, so the agent should be someone you trust, like a family member, close friend, or attorney.

Make sure the person is responsible, willing to take on the role, and able to handle decisions under pressure. It is a good idea to talk with potential agents before you decide so you can be sure that they are ready to act in your best interest.

What Happens if You Don’t Have an Advance Directive in Arizona?

If you don't have an advance directive and become incapacitated, decisions about your future health care will be made by your family members in consultation with a doctor. Or, if you have no family, a guardian will be appointed to make medical decisions on your behalf.

While your family or appointed guardian will strive to make decisions in your best interest and seek medical advice, these choices may not always reflect your wishes if you haven't documented them.

Therefore, to ensure your preferences are honored, creating an advance health care directive can provide you with peace of mind.