Putting It In Writing First
A.R.S. 36-3221 — a notary or one adult witness, and who may not be either
In Arizona, a health care power of attorney must clearly show the intent to create one, be dated and signed or marked by the person making it, and be notarized or witnessed in writing by at least one adult who affirms the person appeared to be of sound mind and free from duress.
Who may not be the notary or the witness. Neither the notary nor a witness may be a person designated to make medical decisions for the principal, or a person directly involved in providing health care to the principal at the time it is signed.
A single witness has more limits. If only one person witnesses it, 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.
| The assumption | What the law actually does |
|---|---|
| The assumptionAny family member can witness | What the law actually doesA sole witness may not be a relative or an heir |
| The assumptionIt always needs a notary | What the law actually doesA notary or at least one qualifying adult witness |
Who decides when nothing was signed, how a directive is revoked, and the forms a state publishes are not all on this page. Whether a particular document was executed properly is a question for a licensed Arizona attorney.
Sources for this section (1)
- A.R.S. 36-3221 — Health care power of attorney; scope; requirements; limitations
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Arizona attorney.