Health Care Power of Attorney vs. Living Will in Arizona: Key Differences

In Arizona, a health care power of attorney names a trusted person, called an agent, to make medical decisions when a person cannot make or communicate decisions for themselves. A living will is a written statement of the person’s own wishes about medical treatment, especially at the end of life, and it guides those decisions rather than naming someone to make them.

Both documents are types of health care directives, and they work best together. One answers the question “Who will decide for me?” The other answers “What would I want?” Understanding how Arizona law treats each one helps people plan ahead, avoid confusion in a hospital, and spare family members difficult guesswork during a crisis.

What Is a Health Care Power of Attorney in Arizona?

Arizona defines a health care power of attorney in A.R.S. § 36-3201 as a written designation of an agent to make health care decisions. Under A.R.S. § 36-3221, an adult may name one or more adults to serve as agent, and the document may also give the agent authority over funeral and disposition arrangements after death.

The agent’s authority generally begins when the person who signed the document, called the principal, is unable to make or communicate health care decisions. Until then, the principal continues making their own decisions. The authority continues until the principal revokes it or a court ends it.

An agent does not have unlimited discretion. Under A.R.S. § 36-3203, the agent must follow the wishes expressed in the principal’s directive. If the directive does not address a situation, the agent must decide based on the principal’s known values, and if those are unknown, based on a good-faith belief about the principal’s best interest.

What Is a Living Will in Arizona?

A living will, as defined in A.R.S. § 36-3201 and described in A.R.S. § 36-3261, is a written statement intended to guide or control the health care treatment decisions made on a person’s behalf. It can be attached to a health care power of attorney, used in place of one, or used to disqualify a person from serving as a surrogate.

Arizona’s sample living will form, in A.R.S. § 36-3262, lets a person choose among several statements, such as declining life-prolonging treatment beyond comfort care if they have a terminal condition, or asking that their life be prolonged to the greatest extent possible. The form also addresses issues such as cardiopulmonary resuscitation and artificially administered food and fluids in certain circumstances, and it leaves room for additional instructions.

A living will speaks in the person’s own voice. It can be especially valuable when family members disagree, because it records the person’s choices directly.

What Are the Key Differences Between the Two Documents?

The two documents serve different purposes:

• Who decides versus what is decided. A health care power of attorney names a decision-maker. A living will states treatment preferences.
• Flexibility. An agent can respond to situations no document anticipated, such as a new treatment option or an unexpected diagnosis. A living will addresses only the situations it describes.
• Scope. A health care power of attorney can cover a wide range of medical decisions during any period of incapacity. A living will typically focuses on end-of-life treatment.
• Use together. Arizona allows a living will to be attached to a health care power of attorney, which gives the agent both authority and written guidance.

Many people choose to sign both, so the agent has clear instructions and the authority to apply them.

How Are These Documents Signed in Arizona?

Under A.R.S. § 36-3221, a health care power of attorney must be in writing, clearly show the intent to create the document, and be dated and signed or marked by the principal. It must then be either notarized or witnessed in writing by at least one adult who affirms that the principal appeared to be of sound mind and not under duress.

Certain people cannot serve as the notary or witness, including anyone named to make medical decisions for the principal and anyone directly involved in providing the principal’s health care at the time the document is signed. When only one witness signs, that witness also cannot be related to the principal by blood, marriage, or adoption, or be entitled to any part of the principal’s estate.

A living will signed as a separate document must meet the same execution requirements. When it is attached to a health care power of attorney, the power of attorney’s signature and witnessing cover it.

How Does This Differ From a Financial Power of Attorney?

A health care power of attorney does not give the agent authority over money or property. Financial decisions are handled through a durable power of attorney under A.R.S. § 14-5501, which has different requirements. A financial power of attorney must be signed by the principal, witnessed by someone other than the agent, the agent’s spouse or children, or the notary, and also notarized.

Because the two kinds of powers of attorney follow different rules, they are usually prepared as separate documents, and a person may name the same agent or different agents for each role.

Are There Other Health Care Documents to Consider?

Arizona recognizes several related documents:

Prehospital medical care directive. Often called a do-not-resuscitate order, this document under A.R.S. § 36-3251 tells emergency medical personnel not to perform CPR during cardiac or respiratory arrest. It must be printed on an orange background and include specific identifying information, the person’s signature, and attestations from a licensed health care provider and a witness. Comfort care, pain relief, and oxygen are still provided.

Mental health care power of attorney. Under A.R.S. § 36-3281 and related sections, a person may name an agent specifically for mental health care decisions. This is a separate document with its own rules.

The Arizona Attorney General’s Office offers sample forms for these documents on its Life Care Planning page, including Spanish-language versions.

What Happens If Someone Has No Health Care Directive?

When a person cannot make decisions and has no health care power of attorney or guardian, Arizona law provides a default list of surrogates under A.R.S. § 36-3231. The health care provider looks to the following people, in order, for someone available and willing to serve:

1. The patient’s spouse, unless legally separated.
2. An adult child, or a majority of reasonably available adult children.
3. A parent.
4. A domestic partner, if the patient is unmarried.
5. A brother or sister.
6. A close friend who has shown special care and concern and knows the patient’s views on health care.

If no one on the list is available, the attending physician may make decisions after consulting an ethics committee or, if that is not possible, with the agreement of a second physician. A default surrogate who is not a named agent or guardian also faces limits, such as being unable to approve the permanent withdrawal of artificially administered food and fluids.

That default order may not match a person’s wishes, which is one of the strongest reasons to sign a health care power of attorney.

How Can These Documents Be Changed or Shared?

Under A.R.S. § 36-3202, a person can revoke a health care directive by a signed written revocation, by telling the agent or a health care provider, by signing a new directive, or by any other act showing a specific intent to revoke. Mental health care powers of attorney follow their own revocation rules.

Arizona also maintains a voluntary registry for these documents. Since 2021, the Arizona Healthcare Directives Registry has been operated through a designated health information exchange rather than the Secretary of State’s office. Registering is optional, and an unregistered document remains valid. Directives made in another state are generally valid in Arizona if they were valid where they were signed.

A new law taking effect December 31, 2026, also allows Arizona driver licenses and identification cards to show indicators for health care directives, which holders must reaffirm at renewal.

Questions to Consider Before Signing

Before preparing these documents, it helps to think through:

1. Who is best suited to make medical decisions, and who should serve as a backup?
2. What treatment choices matter most in a terminal or irreversible condition?
3. Should the same person handle health care and financial decisions?
4. Where will the originals be kept, and who should receive copies?
5. Would a prehospital directive or mental health care power of attorney also be appropriate?

An Estate Planning Lawyer can explain how these directives fit with a will, trust, and financial power of attorney so that the documents work together. An estate planning attorney can also make sure each form meets Arizona’s signing requirements, and local estate lawyers can update the documents after major life changes such as marriage, divorce, or a new diagnosis.

About Whitney | Whitney | Baldridge | Atkinson

Whitney | Whitney | Baldridge | Atkinson is a Kingman-based firm that prepares wills, trusts, powers of attorney, and health care directives for clients in Lake Havasu City and across Mohave County, alongside family law, civil, and criminal defense work. Two of their partners have received the Mohave County Bar Association’s Bill Porter Community Service Award. For questions, call (928) 753-5295 or locate their office on Google Maps.