Advance Directives in Arizona: The 4 Documents to Know (2026)

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An advance directive is how you keep a say in your own medical care even when you can no longer speak for yourself. It is not one document but a small set of them, each covering a different situation. Arizona law recognizes four main advance directives, and together they let you name who decides, describe the treatment you do or do not want, address mental health care, and give emergency responders clear instructions. This guide explains each one, how it is signed, and how to make sure it can be found when it matters.

1. Health Care Power of Attorney

The health care power of attorney is the cornerstone. It lets you appoint an agent to make medical decisions for you if you become unable to make or communicate them. Governed by A.R.S. 36-3221, it must be in writing, dated, and signed by you, and either notarized or witnessed by at least one qualifying adult who is not your agent, a relative, someone entitled to your estate, or your attending health care provider.1

Because it names a real person to weigh unexpected situations in real time, the health care power of attorney is the single most flexible directive. A living will alone cannot anticipate every scenario; a trusted agent can.

2. Living Will

A living will is a written statement of the medical treatment you would want, or would refuse, if you are terminally ill or permanently unconscious and cannot speak for yourself. It commonly addresses life-sustaining treatment such as artificial ventilation, tube feeding, and resuscitation. Arizona recognizes the living will under A.R.S. 36-3261, and it works hand in hand with the health care power of attorney: the living will states your wishes, and your agent carries them out.2

A living will is not the same as a will. A living will speaks to medical care while you are alive. A last will and testament distributes your property after death. Everyone benefits from having both. To create the latter, see our guide on how to write a will in Arizona.

3. Mental Health Care Power of Attorney

Arizona is one of the states with a separate mental health care power of attorney, governed by A.R.S. 36-3281. It lets you appoint an agent specifically to make mental health treatment decisions for you if you become unable to, and it can authorize decisions that a general health care power of attorney may not cover, such as admission to a licensed inpatient psychiatric facility. Because mental health decisions can involve special legal protections, Arizona treats this as its own dedicated document.3

4. Prehospital Medical Care Directive (the Orange DNR)

The prehospital medical care directive is Arizona's do-not-resuscitate directive for emergency responders, governed by A.R.S. 36-3251. It instructs paramedics and emergency medical technicians not to attempt resuscitation such as CPR or defibrillation if you stop breathing or your heart stops. To be recognized in the field, it must be printed on a distinctive letter-sized paper, which is why Arizonans know it as the orange form, and it must be signed by you and your physician or other authorized health care provider.4

The orange DNR is for emergency responders, and it must be visible to work. Keep the original where paramedics will see it quickly, such as on the refrigerator or with the patient, because responders will otherwise attempt to resuscitate. This directive is typically appropriate only for people with serious illness, in consultation with their doctor.
DirectiveStatuteWhat it does
Health Care Power of AttorneyA.R.S. 36-3221Names an agent for medical decisions
Living WillA.R.S. 36-3261States end-of-life treatment wishes
Mental Health Care Power of AttorneyA.R.S. 36-3281Names an agent for mental health decisions
Prehospital Medical Care DirectiveA.R.S. 36-3251Orange DNR for emergency responders

The Arizona Advance Directive Registry

A directive only helps if it can be found. Arizona runs a free Advance Directive Registry through the Secretary of State, authorized under A.R.S. 36-3291. You can file your health care power of attorney, living will, mental health care power of attorney, and prehospital directive with the registry, and your health care providers can then look them up when needed.5 Registration is voluntary and does not by itself make a document valid; it simply makes it findable.

Even if you register, give copies to your agent, your family, and your doctor, and keep the originals somewhere accessible. Redundancy is your friend in an emergency.

Completing Your Plan

Advance directives protect your medical wishes; a will and other tools protect your property and your family. A complete Arizona plan usually includes a health care power of attorney, a living will, a financial power of attorney, and a last will and testament. If you are not sure how much professional help you need, our guide on whether you need a lawyer for a will in Arizona can help. When you are ready to handle the property side, our Arizona will builder guides you through a clear, valid will in plain language.

Frequently Asked Questions

What is the difference between a living will and a health care power of attorney?

A living will states your treatment wishes in writing, while a health care power of attorney names a person to make medical decisions for you. They work best together.

Why is Arizona's DNR orange?

The prehospital medical care directive is printed on distinctive orange paper so emergency responders can recognize it immediately. It must be signed by you and your health care provider.

Do I need a mental health care power of attorney?

Arizona offers a separate mental health care power of attorney because some mental health decisions, such as inpatient psychiatric admission, may not be covered by a general health care power of attorney.

Do I have to register my advance directives?

No. The Arizona Advance Directive Registry is voluntary and free. It makes your documents easy for providers to find, but a directive is valid whether or not it is registered.

Is a living will the same as a last will and testament?

No. A living will addresses medical care while you are alive. A last will and testament distributes your property after death. You should have both.

Sources

  1. 1A.R.S. 36-3221, Health care power of attorney (Arizona State Legislature) (azleg.gov)
  2. 2A.R.S. 36-3261, Living will (Arizona State Legislature) (azleg.gov)
  3. 3A.R.S. 36-3281, Mental health care power of attorney (Arizona State Legislature) (azleg.gov)
  4. 4A.R.S. 36-3251, Prehospital medical care directives (Arizona State Legislature) (azleg.gov)
  5. 5Advance Directive Registry (Arizona Secretary of State) (azsos.gov)
Max Kuch

About the author

Max Kuch

Max Kuch writes about estate planning, wills and inheritance for Arizona Last Will. He gathers the rules from the Arizona statutes and the leading public data, then explains them in plain, accessible language so anyone can put their wishes in writing.

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Frequently asked questions

The document you generate is a ready-to-use draft, not a will that is already in force. Under A.R.S. Section 14-2503, Arizona recognizes a holographic will as valid when the signature and the material provisions are in your own handwriting. That means you take the draft and copy the substantive parts out by hand, then sign it. Once you have done that, no witnesses and no notary are required for it to be legally effective.

Arizona law treats a handwritten (holographic) will differently from a typed one. A printed document that you simply sign would need witnesses to be valid. A holographic will skips the witness requirement, but only because the key provisions are in your own handwriting, which is what proves the document is genuinely yours. So the handwriting is not busywork: it is the exact thing that makes the will valid without witnesses in Arizona.

Arizona is a community property state, which changes how this works. Your spouse already owns one half of the community property you built during the marriage, and that half is theirs regardless of what your will says. Beyond that, Arizona has no spousal elective share: unlike most states, it does not let a surviving spouse claim a fixed percentage of your estate, because community property is treated as the protection instead. You can generally disinherit an adult child, but to avoid an accidental omission being challenged you should name the child clearly and state your intention. A short, deliberate sentence is far safer than silence.

Keep the signed original somewhere safe and tell the person you named as personal representative where it is, since only the original can be probated. A fireproof box or safe at home works, as does a bank safe deposit box (be aware access can be delayed after death). Arizona also lets you deposit your will with the clerk of the superior court for safekeeping during your lifetime under A.R.S. Section 14-2515. There is no statewide will registry in Arizona, so make sure at least one trusted person knows the location.

We strongly recommend against a single joint document. Each spouse should make a separate will. The clean way to do this is mirror wills: two individual holographic wills with matching terms, for example each leaving everything to the other and then to the children. Because a holographic will must be in the testator's own handwriting, one shared sheet cannot be in both of your handwritings at once. Separate wills also let either of you update your own will later without tangling the other's.

Yes. A will only takes effect at death, so you can revise it any time while you are alive and of sound mind. The simplest and safest route is to handwrite a fresh holographic will that states it revokes all prior wills, then sign and date it. Avoid crossing things out or writing notes in the margins of an existing will, since that invites confusion and disputes. After a major life change such as a marriage, divorce, or a new grandchild, it is worth making a new one.

No, and we do not pretend it does. This service helps you produce a clear, well-structured draft for a straightforward Arizona estate. If your situation is more involved, for example a blended family, a business, property in more than one state, a special needs beneficiary, or a likely dispute among heirs, you should have an Arizona estate planning attorney review your plan. Think of this as a solid starting point, not legal advice.

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