Why Every Arizona Adult Needs a Healthcare Power of Attorney
By Richard Keyt and Richard C. Keyt, Arizona Estate Planning Attorneys
Richard Keyt (Rick, the father at 480-664-7478) and his son, former CPA Richard C. Keyt (Ricky at 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 294 5-star Google reviews and 407 5-star Google, Facebook & Birdeye reviews. They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or book a free office, phone or Zoom video meeting.
Who Will Speak for You if You Can't Talk to Your Doctor?
Arizona residents have the right to make their own medical decisions. This is a protected freedom. But what happens if a sudden illness or accident leaves you unable to communiate with your doctor? Without a healthcare power of attorney, your medical decisions could be made by a court-appointed person you would not want to make your medical decisions. Who ensures your doctors know your wishes? Who makes the tough calls about your medical treatment?
An Arizona Healthcare Power of Attorney (HCPOA) ensures that you choose who makes those life-altering decisions on your behalf. Many people assume that healthcare planning is only for the elderly or the terminally ill. In reality, a Healthcare Power of Attorney is a fundamental necessity for every adult over the age of 18.
What is an Arizona Healthcare Power of Attorney?
Under Arizona law (A.R.S. § 36-3221), a Healthcare Power of Attorney is a legal document where you (the “Principal”) designate a person you trust (your “Agent”) to make medical decisions for you if you become incapacitated. In Arizona, this role is broad. Your agent doesn't just decide on surgeries; they can also be authorized to handle:
- Mental Health Care: Including admission to behavioral health facilities if specifically authorized.
- End-of-Life Care: Aligning with your Living Will.
- Funeral & Disposition: Directing what happens after you pass away.
- Anatomical Gifts: Managing organ donation and autopsy preferences.
Why Arizona Residents Need This Document.
1. Avoiding “Guardianship” in Arizona Courts
If you lose capacity in Arizona without a HCPOA, your loved ones may have to petition the Superior Court for a Guardianship. This is a public, time-consuming, and expensive legal process. By naming an agent now, you keep your private matters out of the courtroom and save your family thousands of dollars in legal fees.
2. The “18+ Milestone” for Arizona Parents
In the eyes of Arizona law, once a child turns 18, they are an adult. This means parents no longer have an automatic right to see their child's medical records or make decisions for them. If your college-aged child has an emergency, a Healthcare POA is the only way you can step in immediately without legal hurdles.
3. Arizona’s Strict Witnessing Requirements
Arizona has specific rules to ensure these documents are valid. To be legally binding in our state, your HCPOA must be:
- Signed by you (the Principal) while you are of sound mind.
- Notarized OR witnessed by at least one adult who is not your agent, not related to you, and not a beneficiary of your estate.
4. Total Control Over “Mental Health” Decisions
Arizona is unique in that it offers a specific provision for Mental Health Care Power of Attorney. Without explicit language in your documents, your agent may not have the authority to get you certain types of psychiatric help if you are in a crisis. We ensure your documents are comprehensive enough to cover all aspects of your well-being.
5. You Keep the Power of Choice
If you don’t have a HCPOA and you become unable to spea.k for yourself, state laws often dictate who can make decisions for you (usually a spouse or next of kin). This person may not be who you would have chosen, or they may not understand your personal values and medical preferences. By creating a HCPOA, you stay in the driver's seat.
6. Prevents Family Conflict
Medical emergencies are high-stress situations. When there is no clear “point person” designated, family members often disagree on the best course of action. This can lead to painful disputes, fractured relationships, or even legal battles. A HCPOA provides a clear hierarchy, giving your family the gift of clarity during a difficult time.
7. It Applies to Every Stage of Life
For young adults—such as college students—a HCPOA is especially critical. Once a child turns 18, parents no longer have an automatic legal right to their medical information or decision-making. Should a young adult have an accident away from home, having this document in place allows parents to step in immediately without seeking a court-ordered guardianship.
8. It Avoids Costly Court Intervention
If you become incapacitated without a HCPOA, your loved ones will have to hire a lawyer to petition a court appoint a “Guardian” who will make medical decisions for you. This process is often slow, expensive, and public. A HCPOA is a simple, private document that bypasses the courtroom entirely.
Peace of Mind for You and Your Loved Ones
An estate plan is about more than just what happens to your assets; it’s about protecting your personhood and your dignity. Selecting a Healthcare Power of Attorney ensures that your medical care remains in the hands of someone you trust who knows you, loves you, and respects your wishes.
Don’t leave your medical future to chance. Protect yourself and ensure peace of mind for your family by adopting a Healthcare Power of Attorney.
See the Contents of Our Estate Plan
To protect your most valuable assets—your loved ones— read our article that describes the 36 documents and services you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch the video about the documents and services. Our estate plan includes a Healthcare Power of Attorney.
Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people.
Call or email Richard Keyt, the father
Direct phone: 480-664-7478
Email: [email protected]
Call or email Richard C. Keyt, the son
Direct phone: 480-664-7472
Email: [email protected]