Revocation of Arizona Health Care Power of Attorney
ARIZONA LAW SUMMARY
STATUTORY REFERENCE
ALL REFERENCES ARE TO THE ARIZONA REVISED STATUTES
REVOCATION OF HEALTH CARE POWER OF ATTORNEY
(§§ 36-3221 through 36-3223)
36-3221. Health care power of attorney; scope; requirements;
limitations
A. A person who is an adult may designate another adult individual
or other adult individuals to make health care decisions on that person's
behalf by executing a written health care power of attorney that meets
all of the following requirements:
1. Contains language that clearly indicates that the person intends
to create a health care power of attorney.
2. Except as provided under subsection B, is dated and signed or
marked by the person who is the subject of the health care power of attorney.
3. Is notarized or is witnessed in writing by at least one adult
who affirms that the notary or witness was present when the person dated
and signed or marked the health care power of attorney, except as provided
under subsection B, and that the person appeared to be of sound mind and
free from duress at the time of execution of the health care power of attorney.
B. If a person is physically unable to sign or mark a health care
power of attorney, the notary or each witness shall verify on the document
that the person directly indicated to the notary or witness that the power
of attorney expressed the person's wishes and that the person intended
to adopt the power of attorney at that time.
C. A notary or witness shall not be any of the following:
1. A person designated to make medical decisions on the principal's
behalf.
2. A person directly involved with the provision of health care
to the principal at the time the health care power of attorney is executed.
D. If a health care power of attorney is witnessed by only one person,
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 by will or
by operation of law at the time that the power of attorney is executed.
36-3222. Health care power of attorney; amendments
An amendment to a health care power of attorney shall meet the requirements
of section 36-3221, subsection A, paragraphs 2 and 3 unless the amendment
is only made to indicate an agent's change of address or telephone number.
36-3223. Agents; powers and duties; removal; responsibility
A. The individual designated in a health care power of attorney
to make health care decisions is an agent entitled to make and communicate
these decisions while the principal is unable to do so.
B. An agent's authority to make health care decisions on behalf
of the principal is limited only by the express language of the health
care power of attorney or by court order as prescribed under section 36-3206.
C. The appointment of a person to act as an agent is effective until
that authority is revoked by the principal or by court order.
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