Arizona Laws 36-3224. Sample health care power of attorney
Any writing that meets the requirements of section 36-3221 may be used to create a health care power of attorney. The following form is offered as a sample only and does not prevent a person from using other language or another form:
Terms Used In Arizona Laws 36-3224
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agent: means an adult who has the authority to make health care treatment decisions for another person, referred to as the principal, pursuant to a health care power of attorney. See Arizona Laws 36-3201
- Donor: The person who makes a gift.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Health care directive: means a document drafted in substantial compliance with this chapter, including a mental health care power of attorney, to deal with a person's future health care decisions. See Arizona Laws 36-3201
- Health care power of attorney: means a written designation of an agent to make health care decisions that meets the requirements of section 36-3221 and that comes into effect and is durable as provided in section 36-3223, subsection A. See Arizona Laws 36-3201
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Living will: means a statement written either by a person who has not written a health care power of attorney or by the principal as an attachment to a health care power of attorney and intended to guide or control the health care treatment decisions that can be made on that person's behalf. See Arizona Laws 36-3201
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Physician: means a doctor of medicine licensed pursuant to title 32, chapter 13 or doctor of osteopathic medicine licensed pursuant to Title 32, Chapter 17. See Arizona Laws 36-3201
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Principal: means a person who is the subject of a health care power of attorney. See Arizona Laws 36-3201
- Writing: includes printing. See Arizona Laws 1-215
1. Health Care Power of Attorney
I, ___________________________________, as principal, designate ______________________ as my agent for all matters relating to my health care, including, without limitation, full power to give or refuse consent to all medical, surgical, hospital and related health care. This power of attorney is effective on my inability to make or communicate health care decisions. All of my agent’s actions under this power during any period when I am unable to make or communicate health care decisions or when there is uncertainty whether I am dead or alive have the same effect on my heirs, devisees and personal representatives as if I were alive, competent and acting for myself.
If my agent is unwilling or unable to serve or continue to serve, I hereby appoint ____________________ as my agent.
I have _____ I have not _____ completed and attached a living will for purposes of providing specific direction to my agent in situations that may occur during any period when I am unable to make or communicate health care decisions or after my death. My agent is directed to implement those choices I have initialed in the living will.
I have _____ I have not _____ completed a prehospital medical care directive pursuant to section 36-3251, Arizona Revised Statutes.
This health care directive is made under section 36-3221, Arizona Revised Statutes, and continues in effect for all who may rely on it except those to whom I have given notice of its revocation.
______________________________
Signature of Principal
Witness: _____________________ Date: _____________________
_______________________________ Time: _____________________
Address: _____________________ ____________________________
_______________________________ ____________________________
Address of Agent
Witness: _____________________ ____________________________
_______________________________ Telephone of Agent
Address: _____________________
_______________________________
(Note: This document may be notarized instead of being witnessed.)
2. Autopsy (under Arizona law an autopsy may be required)
If you wish to do so, reflect your desires below:
_______ 1. I do not consent to an autopsy.
_______ 2. I consent to an autopsy.
_______ 3. My agent may give consent to or refuse an autopsy.
3. Organ Donation (Optional)
(Under Arizona law, you may make a gift of all or part of your body to a bank or storage facility or a hospital, physician or medical or dental school for transplantation, therapy, medical or dental evaluation or research or for the advancement of medical or dental science. You may also authorize your agent to do so or a member of your family may make a gift unless you give them notice that you do not want a gift made. In the space below you may make a gift yourself or state that you do not want to make a gift. If you do not complete this section, your agent will have the authority to make a gift of a part of your body pursuant to law. Note: The donation elections you make in this health care power of attorney survive your death.)
If any of the statements below reflects your desire, initial on the line next to that statement. You do not have to initial any of the statements.
If you do not check any of the statements, your agent and your family will have the authority to make a gift of all or part of your body under Arizona law.
_______ I do not want to make an organ or tissue donation and I do not want my agent or family to do so.
_______ I have already signed a written agreement or donor card regarding organ and tissue donation with the following individual or institution: ___________________________________
_______ Pursuant to Arizona law, I hereby give, effective on my death:
[] Any needed organ or parts.
[] The following part or organs listed:
_____________________________________________________
_____________________________________________________
_____________________________________________________
for (check one):
[] Any legally authorized purpose.
[] Transplant or therapeutic purposes only.
4. Physician Affidavit (Optional)
(Before initialing any choices above you may wish to ask questions of your physician regarding a particular treatment alternative. If you do speak with your physician it is a good idea to ask your physician to complete this affidavit and keep a copy for his file.)
I, Dr. ___________________________ have reviewed this guidance document and have discussed with _______________ any questions regarding the probable medical consequences of the treatment choices provided above. This discussion with the principal occurred on _________________.
(date)
I have agreed to comply with the provisions of this directive.
___________________________
Signature of Physician
5. Living Will (Optional. Section 36-3262, Arizona Revised Statutes, has a sample living will.)
6. Funeral and Burial Disposition (Optional)
My agent has authority to carry out all matters relating to my funeral and burial disposition wishes in accordance with this power of attorney, which is effective upon my death.
My wishes are reflected below:
_______ Upon my death, I direct my body to be buried. (as opposed to cremated)
_______ Upon my death, I direct my body to be buried in ___________________________________________________. (Optional directive)
_______ Upon my death, I direct my body to be cremated.
_______ Upon my death, I direct my body to be cremated, with my ashes to be_______________________________________. (Optional directive)
_______ My agent may make all funeral and burial disposition decisions. (Optional directive)