Arizona

Creating an Advance Directive

1. What is the controlling statute?

  • Durable – A.R.S. § 14-5501
  • Health Care – A.R.S. § 36-3221 through 36-3223

2. Is there a template?

 

Challenging a Health Care Decision

1. Who is the presumptive decision-maker?

  • Agent under power of attorney; guardian; surrogate as follows spouse, adult child, parent, domestic partner, sibling, close friend. Ariz. Rev. Stat.  §§ 36-3223(A)-(B) & 36-3231(A); 14-5303(A)-(B).
  • A surrogate who is not the patient’s agent or guardian may not decide to withdraw food or fluid. §§ 36-3203 and 36-3231

2. Who can challenge a treatment decision?

  • Any interested person, § 36-3206.

3. What is the proper court?

  • Superior court.
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