Medical power of attorney in Arizona: how it works, how to sign

Updated 2026-10-16 · Expert review in progress

The short answer

In Arizona, a health care power of attorney names someone to make medical decisions when you can't. It must be dated and signed, then notarized or signed before one qualifying adult witness. If you name nobody, the law turns to your spouse, adult children, parents, domestic partner, siblings, then a close friend.

The question under every medical power of attorney is a simple one. If you can't speak for yourself, who talks to the doctor?

Arizona calls the document a "health care power of attorney," and it is one of the state's "health care directives." This page covers how to sign one, who can't be your witness, how a living will fits in, and what happens if you name nobody. It is part of our guides to estate planning in six states. For the basics of the role, see what a medical power of attorney is.

How do I sign a health care power of attorney in Arizona?

Arizona keeps this simple. The document must clearly show you mean to create a health care power of attorney. It must be dated and signed (or marked) by you (A.R.S. 36-3221).

Then it needs one of these:

A notary, or
At least one adult witness, who affirms in writing that you signed in their presence and appeared of sound mind and free from duress.

That is lighter than Arizona's financial power of attorney, which needs a witness and a notary. Our Arizona power of attorney guide covers that document.

You don't need a lawyer's form. Arizona publishes an optional sample health care power of attorney (A.R.S. 36-3224), but any writing that meets the signing rules works.

Who can't be my witness or notary?

Some people are ruled out, and the list grows if you use a single witness instead of a notary (A.R.S. 36-3221).

Person	Can be the notary?	Can be the one witness?
The person you name as your health care agent	No	No
Anyone directly involved in your health care at the time you sign	No	No
A relative by blood, marriage or adoption	Yes	No
Someone who would inherit from you, by will or by law	Yes	No
A friend or neighbor who is none of the above	Yes	Yes

The easiest path for most people is a notary. If you use a witness, pick a friend or neighbor who isn't related to you and isn't in your will.

What can my agent decide?

Your agent makes the health care decisions you would make if you could. Your document sets the scope, and Arizona's statute describes the agent's powers (A.R.S. 36-3223).

Your agent is a fiduciary: legally required to act in your interest and follow what you wrote. In day-to-day terms, that usually means talking with your doctors, reading your chart, and agreeing to or declining a test, a surgery or a new medicine in light of your wishes.

Two Arizona details are worth knowing:

Funeral wishes can go in the same document. A health care power of attorney may also give your agent authority over funeral and disposition arrangements (A.R.S. 36-3221). A surviving spouse still ranks ahead of that agent for those decisions (A.R.S. 36-831). Our post on funeral wishes has more on writing them down.
Mental health care is separate. Arizona has a separate mental health care power of attorney. An agent can consent to inpatient psychiatric admission only if that authority is stated expressly (A.R.S. 36-3281, A.R.S. 36-3283).

Your financial power of attorney doesn't cover any of this. In Arizona, a financial power of attorney gives no health care authority at all (A.R.S. 14-5507).

Do I need a living will too?

Many people sign both. A health care power of attorney names a person. A living will writes down your wishes about treatment, so that person isn't guessing.

In Arizona, an adult may sign a living will as part of a health care power of attorney or instead of one (A.R.S. 36-3261). You can also use a living will to disqualify someone from acting as your surrogate.

If the living will is a separate document, it is signed the same way: a notary or one qualifying witness, with the same people ruled out. Arizona provides an optional sample living will (A.R.S. 36-3262). Our post on health care power of attorney vs living will explains how the two work together, and treatment preferences helps you think through what to write.

Who decides if I haven't named anyone?

Arizona law picks for you. If you can't make or communicate decisions, the provider follows any health care directive you signed. An agent under a valid health care power of attorney acts for you. A court-appointed guardian with health care authority comes first (A.R.S. 36-3231).

If there is none of those, the provider contacts whoever is available and willing, in this order:

Your spouse, unless you are legally separated.
An adult child. If there are several, the provider seeks the consent of a majority of those reasonably available.
A parent.
Your domestic partner, if you are unmarried.
A brother or sister.
A close friend.

A close friend counts only if they are an adult who has shown special care and concern for you, knows your health care views and wishes, and is willing and able to act in your best interest. Whoever decides must follow your wishes if they are known.

If nobody on the list can be found, the attending physician may decide after consulting an ethics committee, or with a second physician agreeing. Our post on medical decisions without a power of attorney compares how other states handle this, and the 50-state guide to default decision-makers has the full list.

Notice where the close friend sits: sixth, after your siblings and your parents. A domestic partner also ranks below adult children and parents. If the person who really knows your wishes is a friend, a partner or a niece, naming them in a health care power of attorney moves them to the front.

Here is a typical case, a composite. Margaret is 72, widowed, and lives in Mesa. Her brother lives in Oregon and they speak twice a year. Her neighbor Ruth drives her to appointments and knows exactly what she would want. Margaret names Ruth as her health care agent and her brother as backup.

How do I choose my agent?

Once the signing is done, the practical questions matter most. Is the person willing? Can they get to the hospital? Will they follow your wishes even when they'd choose differently?

A short checklist:

They know what you want, because you've told them.
They can stay calm in a hospital hallway and ask questions.
They live close enough, or can travel when needed.
You've named a backup in case they can't.

Our post on how to choose a medical power of attorney has more questions to ask.

Some people would like a professional standing by, first or behind a friend. A Kinly membership includes a medical power of attorney written for your state, and Trella Trust Company can be named in the role, first or as the backup to someone you choose.

Once your health papers are done, our Arizona probate guide covers what happens to your home and savings later.

Common questions

Does a medical power of attorney need to be notarized in Arizona?

Not necessarily. It must be either notarized or signed before at least one adult witness. If you use a single witness, that person can't be a relative or someone who would inherit from you.

Can a family member witness my Arizona health care power of attorney?

Not as the only witness. A relative by blood, marriage or adoption can't be your sole witness. A notary is the simple way around this.

Who makes medical decisions in Arizona if there's no power of attorney?

The provider turns to your spouse, then an adult child, a parent, your domestic partner if you are unmarried, a sibling, and finally a close friend. Each must be available and willing. A guardian or a named agent comes first.

Is there an official Arizona form?

Arizona publishes optional sample forms for a health care power of attorney and a living will. You don't have to use them. Any document that meets the signing rules is valid.

Can my health care agent also handle my funeral?

Yes, if your health care power of attorney gives that authority. A surviving spouse still ranks ahead of the agent for funeral decisions under Arizona law.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

State guidesPower of attorney in Arizona: the rules, signing and who to namePower of attorney in Arizona is durable only if it says so, needs a witness and a notary, and banks aren't forced to accept it. Here's how to get it right.State guidesProbate in Arizona: small estates, no will, and skipping courtSmall estate affidavit Arizona rules: $200,000 in personal property after 30 days, $300,000 in real estate after 6 months, and who inherits with no will.State guidesEstate planning by state: how the rules differ in six statesEstate planning by state: what stays the same everywhere, and how power of attorney, medical decision and probate rules differ in six large states.