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?
- Health Care – A.R.S. § 36-3224
- Click here for a Downloadable Form
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.