How do I create an advance healthcare directive in Arizona?

1. Types Recognized

Arizona recognizes under A.R.S. Title 36, Ch. 32: (a) Living Will (A.R.S. § 36-3261), (b) Health Care Power of Attorney (A.R.S. § 36-3221), (c) Mental Health Care Power of Attorney (A.R.S. § 36-3281), (d) Prehospital Medical Care Directive — Orange DNR (A.R.S. § 36-3251), and (e) POLST is not codified statewide but used regionally.

2. Statutory Form

A.R.S. § 36-3262 (Living Will) and § 36-3224 (HCPOA) provide model forms. Use is optional but strongly encouraged. Arizona maintains a state Advance Directive Registry at the Secretary of State (A.R.S. § 36-3291).

3. Execution Formalities

Both documents: principal must be adult of sound mind. Sign in the presence of EITHER (a) a notary public OR (b) ONE adult witness (A.R.S. § 36-3221(A)). Witness cannot be: any person designated as agent, related by blood/marriage/adoption, entitled to estate, attending physician, or person directly involved in healthcare.

4. Healthcare Agent Authority

Under A.R.S. § 36-3223, the agent may make all healthcare decisions the principal could make, including consent to/refusal of life-sustaining treatment and ANH. To authorize the withdrawal of ANH, the principal should expressly so state. Authority begins when the principal can no longer give informed consent.

5. Pregnancy Clauses

A.R.S. § 36-3262(B): if the patient is pregnant and the directive would result in withholding/withdrawing life-sustaining treatment, the directive cannot be effective if it is "probable that the fetus could develop to the point of live birth with continued application of life-sustaining treatment." Remains in force post-Dobbs.

6. Reciprocity

A.R.S. § 36-3208 honors advance directives valid where executed.

7. DNR

The Prehospital Medical Care Directive (Orange DNR form, A.R.S. § 36-3251) is signed by physician and patient on bright orange paper, valid across prehospital settings.

8. Revocation

Under A.R.S. § 36-3202, revocable at any time, regardless of mental state, by: writing, oral statement in presence of witness, physical destruction, or new contrary directive.

9. Default Surrogate

A.R.S. § 36-3231 provides surrogate decision-making priority when no agent is named: spouse (unless legally separated) > adult child (with concurrence of other children) > parent > domestic partner > adult sibling > close friend > attending physician (with second-opinion concurrence).

This is legal information, not legal advice.