Setting Up Healthcare Power of Attorney in Arizona

As we get older or face serious health challenges, it’s important to have our end-of-life and medical wishes clearly documented. One key legal document to have in place is a healthcare power of attorney.

A person who is elected to be a healthcare power of attorney can ensure your preferences are honored if you become incapacitated and unable to make your own medical decisions. If you don’t yet have a healthcare power of attorney or are about to become one yourself, here is a deeper look at what it means to be a healthcare power of attorney and how to set one up.

What is a Healthcare Power of Attorney?

A healthcare power of attorney is a legal document that allows you to appoint someone you trust, known as your “agent” or “attorney-in-fact”, to make medical decisions on your behalf.

This person will have the authority to consult with your doctors, access your medical records, and make choices about your treatment if you become physically or mentally unable to do so yourself.

Your health care power of attorney agent can make a wide range of decisions, including:

• Consenting to or refusing medical treatment
• Authorizing the admission or discharge from a hospital or other care facility
• Selecting your doctors, nurses, and other healthcare providers
• Deciding whether to continue or discontinue life support
• Handling your finances as they relate to your medical care

Essentially, this legal document gives your designated agent the power to be your voice and advocate for your healthcare wishes if you cannot speak for yourself. It’s an essential part of comprehensive estate planning, especially for older adults or those facing serious illnesses.

When Would I Need a Healthcare Power of Attorney?

There are a few key situations when having a healthcare power of attorney in place becomes critically important:

1. If you’re incapacitated due to an accident, illness, or disability. If you are rendered unconscious, suffer from dementia or Alzheimer’s, or otherwise cannot communicate your wishes, your health care power of attorney agent can step in to make decisions on your behalf.

2. If you are facing a terminal illness and reach a point where you can no longer make your own end-of-life decisions, your agent can ensure your preferences regarding life-sustaining treatment are followed.

3. If you require long-term care. As you age or cope with a chronic condition, your agent can coordinate your care plan and make necessary choices about things like moving to an assisted living facility.

Without a designated health care power of attorney, your family may have to go through a lengthy and complex legal process to gain the authority to make decisions for you. This can lead to conflicts, delays in your care, and the possibility that your wishes are not honored. Having this document in place ahead of time can provide you and your loved ones with valuable peace of mind.

How to Become a Healthcare Power of Attorney in Arizona

In Arizona, the process for setting up a healthcare power of attorney is relatively straightforward. Here are the key steps:

1. Choose your agent. Select someone you deeply trust to advocate for your medical wishes, such as a spouse, adult child, or close friend. Make sure they are willing and able to take on this role.

2. Complete the power of attorney form. Arizona has a standardized statutory form for a health care power of attorney that you can use. This document allows you to outline your preferences and grant your agent the necessary authority.

3. Have the form properly witnessed and notarized. In Arizona, your health care power of attorney form must be signed in the presence of either two adult witnesses or a notary public. This helps validate your identity and ensure you are of sound mind when executing the document.

4. Provide copies to your agent and healthcare providers. Once the form is complete, make sure to give copies to your appointed agent as well as your primary care physician, any specialists you see, and any hospitals or clinics where you receive treatment. This ensures your agent can quickly access the document if needed.

5. Review and update the document as needed. It’s a good idea to review your healthcare power of attorney periodically, especially as your health, family situation, or preferences change over time. You can update the document accordingly.

It’s worth noting that in Arizona, your healthcare power of attorney becomes effective immediately upon signing. This means your agent can start making decisions on your behalf right away, even if you are still currently able to make your own choices. However, your agent is legally obligated to follow your stated wishes and act in your best interests.

The Benefits of Having a Healthcare Power of Attorney

Creating a health care power of attorney provides numerous benefits, both for you and your loved ones:

• It ensures your medical wishes are honored
• It avoids family conflicts
• It provides your family with guidance
• It protects your personal autonomy
• It can reduce medical costs

Contact Nicole Pavlik Law Today

Creating a comprehensive healthcare power of attorney is an important step in preserving your personal autonomy and ensuring your medical preferences are respected, even if you cannot advocate for yourself. As a Phoenix estate planning attorney, I strongly recommend this document as part of a complete end-of-life plan.

If you have questions about the power of attorney process, reach out to us today. Nicole Pavlik is an experienced Phoenix attorney who can help prepare any formal legal agreements you and your loved ones may need. Call Nicole Pavlik today for a free consultation at (602) 635-6176