Virtual first, serving families across Arizona.
Mon to Thu 8 to 4, Fri 8 to 12
Virtual first, serving families across Arizona.
Mon to Thu 8 to 4, Fri 8 to 12
Estate Planning
A health care power of attorney is a legal document that allows you to pick a person who you know and trust to make future health care decisions for you. It only goes into effect if you become so ill, disabled, or incapacitated that you cannot make these decisions for yourself.
Estate Planning
Appoint someone you trust to make medical decisions if you cannot speak for yourself.
A Health Care Power of Attorney appoints a trusted agent to make medical decisions on your behalf when you cannot make them yourself. It works in tandem with your Living Will: the Living Will speaks to specific end-of-life decisions, and the Health Care Power of Attorney covers the much larger universe of medical choices that can come up in any hospital stay.
Without this document, medical providers default to a statutory hierarchy of decision-makers, which may not match the person you would actually want speaking for you. For unmarried partners, blended families, and adult children with complicated relationships, that default can produce difficult results.
We draft a Health Care Power of Attorney that names primary and alternate agents, includes HIPAA authorization so your agent can access medical information, and reflects any specific instructions you want documented. Nicole walks through it with you so the agent you choose is set up to succeed.
We pair this document with a HIPAA Waiver and the Living Will so your medical wishes are documented in a coordinated, hospital-ready package.
Under Arizona law, you can choose which health care decisions you authorize the agent to make on your behalf. You can either authorize your agent to have full authority to make health care decisions, or you can authorize the specific powers that your agent has. Examples of health care decisions include:
In general, you cannot delegate the power to admit yourself into an inpatient psychiatric facility to your agent.
In general, if you do not have a health care power of attorney, your family will be called upon to make decisions if you are unable to do so. Arizona law states which family members have priority:
Problems can arise if your family members do not all agree. If there is a lot of disagreement, one of your family members or friends may be forced to petition the court to be appointed guardian. This can be an expensive and time-consuming process.
Even if there isn’t fighting, the person that is given responsibility under the law may make decisions that you would not have wanted. By failing to create a health care power of attorney, you lose the chance to have a say in your health care decisions.
It is critical to name someone who you trust to act in your best interests as your health care agent. Additionally, the person that you choose should be able to handle pressure and remain calm in a crisis. Often, they will have to make crucial decisions in a very emotional and stressful environment. The decisions they are making could be the difference between life and death, so you should choose someone adept at asking questions and collecting information. It is good practice to appoint a back-up in case the individual is unable or unwilling to serve.
Once you decide your health care agent, you should have a discussion with this person to ensure they are willing to serve. You should also discuss the decision with other family and friends to explain your choice. In addition to talking with family and friends, it is advisable to speak to your doctor, clergy person, and lawyer before picking a health care agent and completing a health care power of attorney.
Arizona law has specific requirements for a health care power of attorney.
The health care power of attorney must meet the above rules, or it will not be valid in Phoenix.
Included in both the Will and Trust Packages, or available a la carte. View full pricing.
Begin your plan
Schedule a virtual consultation or telephone call with Nicole Pavlik. Flat-fee pricing, clear timelines, and a process designed around you.
