A Healthcare Power of Attorney is a document which authorizes another adult to act as the agent for the principal (the person who signs the Power of Attorney) giving the agent authority to make medical and other health care decisions on behalf of the principal. (Refer to Arizona Revised Statues Section 36-3221 through Section 36-3224 for more information which can be found here, at the website for the Arizona Legislature).
The forms of healthcare power of attorney in this Form Library provide that both a witness and a Notary are present when the power of attorney is signed. The language and authority in the healthcare powers of attorney in the Form Library are very standard; however, if they do not meet all of your requirements or if you wish to be more restrictive in the authority granted to an agent, please contact Cautela Corporation.
Additional information on healthcare directives and life care planning, including forms, can be found at the website for the Arizona Attorney General here.
A healthcare power of attorney is required to contain language which clearly indicates that it is the person’s intention to create the healthcare power of attorney, and it must be properly executed. In executing the healthcare power of attorney it must be:
- Dated and signed by the principal, the person who is the subject of the health care power of attorney.
- Notarized or witnessed in writing by at least one adult who affirms that:
- The notary or witness was present at the time it was dated and signed by the principal; and
- That the principal appeared to be of sound mind and free from duress at the time he or she signed the healthcare power of attorney.
- The notary or witness cannot not be:
- A person who has been designated to make medical decisions on behalf of the principal; or
- A person who is directly involved with providing health care to the principal at the time the healthcare power of attorney is signed.
Additionally, if the healthcare power of attorney is witnessed by only one person, that witness:
- Cannot not be related to the principal by blood or by marriage or by adoption; and
- Cannot be entitled to any part of the principal’s estate by inheritance under a Will or by operation of law.
A person whose license as a fiduciary has been suspended or revoked under Arizona Revised Statues Section 14-5651 cannot serve as an agent under a power of attorney in any capacity unless the person is related to the principal by blood, adoption or marriage. If the person’s license is or has been reinstated and is in good standing, then that person can be appointed to act as an agent under a power of attorney.
To download and/or print a Living Will to accompany your Healthcare Power of Attorney click here.