Health Care Power of Attorney Requirements in Arizona

At a glance

Arizona keeps the health care power of attorney as its own document under the Living Wills and Health Care Directives Act, A.R.S. Title 36, Chapter 32. It lets an adult name an agent to make medical decisions during incapacity, and it can be paired with a separate living will (your own treatment instructions) or stand on its own. This page covers the agent appointment, which is governed by § 36-3221.

Requirements one by one

Governing law and document

The appointment is created under § 36-3221, and Arizona offers an optional sample form at § 36-3224 — though "[a]ny writing that meets the requirements of section 36-3221 may be used," and the sample "does not prevent a person from using other language or another form." The document must contain language that clearly indicates that the person intends to create a health care power of attorney (§ 36-3221(A)(1)).

Who can sign

Any adult may execute one (§ 36-3221(A)). It must be "dated and signed or marked by the person who is the subject of the health care power of attorney" (§ 36-3221(A)(2)). If you are physically unable to sign or mark, the notary or each witness must verify on the document that you directly indicated that the power of attorney expressed your wishes and that you intended to adopt it then (§ 36-3221(B)).

Witnesses or notary

Arizona's rule is one of the lightest in the country: you need either a notary or a single witness. Section 36-3221(A)(3) requires that the document be notarized or witnessed in writing by at least one adult who affirms you were present when you signed and "appeared to be of sound mind and free from duress." One witness is enough. You do not need two witnesses, and you do not need both a witness and a notary.

Who can't witness or serve

Under § 36-3221(C), a notary or witness may not be "[a] person designated to make medical decisions on the principal's behalf" (your agent) or "[a] person directly involved with the provision of health care to the principal" when the document is signed. And because a single witness carries the whole document, § 36-3221(D) adds that if there is "only one" witness, that person "may not be related to the principal by blood, marriage or adoption and may not be entitled to any part of the principal's estate." As for the agent, any adult may serve, except that a person whose fiduciary license has been suspended or revoked cannot act as agent unless related to you (§ 36-3221(E)).

When the agent can act

The power is springing. Section 36-3231(A) provides that only when "an adult patient is unable to make or communicate health care treatment decisions" does the provider follow the directive and turn to the designated agent as the patient's surrogate. The sample form says the same: it is "effective on my inability to make or communicate health care decisions" (§ 36-3224). Arizona does not require a formal two-physician certification for a general health care power of attorney; the treating provider makes the assessment.

Agent's powers and limits

Once you are unable to decide, your agent "shall act as the patient's surrogate" and must follow your known wishes (§ 36-3231(A)); the sample form grants "full power to give or refuse consent to all medical, surgical, hospital and related health care" (§ 36-3224). The main statutory limit is mental health. Under § 36-3231(D), a surrogate may make mental health treatment decisions for an incapable patient, but "a surrogate who is not the patient's agent or guardian shall not make decisions to admit the patient to an inpatient psychiatric facility." Even for an agent, inpatient psychiatric admission runs through Arizona's emergency safeguards and its separate mental health care power of attorney (§§ 36-3231(E), 36-3281) — a distinct document with its own rules.

How to revoke

Section 36-3202 makes revocation easy: you may "revoke the person's own health care directive or disqualify a surrogate" by a written revocation, by "[o]rally notifying the surrogate or a health care provider," by "[m]aking a new health care directive," or by "[a]ny other act that demonstrates a specific intent to revoke." Note what is absent: Arizona's directive statute has no rule automatically canceling a spouse-agent on divorce. If you named your spouse and later divorce, that appointment stands until you revoke it — so revoke and sign a new one.

Out-of-state directives

Section 36-3208 recognizes directives from elsewhere: one "prepared in another state, district or territory of the United States is valid in this state if it was valid in the place where and at the time when it was adopted and only to the extent that it does not conflict with the criminal laws of this state."

What trips people up

• One witness is enough — or just a notary. Arizona is unusually lenient: § 36-3221(A)(3) requires only a notary or a single adult witness. People often over-comply with two witnesses (harmless), but a lone qualified witness makes the document valid.
• A single witness can't be a relative or heir. If you rely on one witness rather than a notary, that witness must be unrelated to you and not in line to inherit (§ 36-3221(D)). If you want a relative to witness, add a second, unrelated witness or use a notary.
• Your caregiver can't witness. Anyone "directly involved with the provision of health care to [you]" at signing is disqualified as a witness or notary, and your agent can never witness (§ 36-3221(C)).
• Divorce does not cancel a spouse-agent. Unlike many states, Arizona's directive law has no automatic-revocation-on-divorce provision for an appointed agent (§ 36-3202 lists the revocation methods, none automatic). Update the document after a divorce.
• Psychiatric admission is special. A general health care power of attorney does not fully cover inpatient psychiatric admission; that runs through Arizona's separate mental health care power of attorney and emergency rules (§§ 36-3231(D)-(E), 36-3281).

Common questions

Does an Arizona health care power of attorney need to be notarized? No. You can either notarize it or have one adult witness it (§ 36-3221(A)(3)). Either one is enough; you do not need both.

Can my spouse or child witness it? Only if there is a second witness or a notary. A single witness may not be related to you by blood, marriage, or adoption, or be an heir (§ 36-3221(D)). Your agent and your caregivers can never witness (§ 36-3221(C)).

When does my agent's authority begin? When you are "unable to make or communicate health care treatment decisions" (§ 36-3231(A)). Until then, you make your own decisions; the treating provider determines when you can no longer do so.

Will the directive I signed in another state work in Arizona? Yes, if it was valid where and when you signed it, so long as it does not conflict with Arizona's criminal laws (§ 36-3208).

Statutes and sources

• A.R.S. § 36-3221 — health care power of attorney: adult signer, notary or at least one witness, and the witness/agent disqualifications. https://www.azleg.gov/ars/36/03221.htm (accessed 2026-07-16)
• A.R.S. § 36-3224 — optional sample form, including the springing effective-on-incapacity language and the notarize-instead-of-witness note. https://www.azleg.gov/ars/36/03224.htm (accessed 2026-07-16)
• A.R.S. § 36-3231 — the agent as surrogate, and the mental-health / inpatient psychiatric admission limits. https://www.azleg.gov/ars/36/03231.htm (accessed 2026-07-16)
• A.R.S. § 36-3202 — revocation of a directive or disqualification of a surrogate. https://www.azleg.gov/ars/36/03202.htm (accessed 2026-07-16)
• A.R.S. § 36-3208 — validity of a directive prepared in another state. https://www.azleg.gov/ars/36/03208.htm (accessed 2026-07-16)