Medical Power of Attorney Lawyers in Arizona

Helping Clients Plan for Their Healthcare Needs

Many individuals only consider creating a medical power of attorney when they are older or it is too late. However, anyone over 18 can benefit from authorizing a medical power of attorney if they cannot speak for themselves. With a medical power of attorney, the designated individual, called the “agent” or healthcare proxy, has the legal authority to make healthcare decisions for you.

Even if you feel you are in good health now, situations can easily change, and you may need medical treatment. If, for some reason, you are incapacitated, it is always in your best interest to have a healthcare proxy who can speak on your behalf.

If an individual cannot make healthcare decisions, the hospital or medical clinic must find someone, such as close family members, who can authorize medical treatments.

If you want to learn more about the benefits of having a medical power of attorney for your health-related decisions, contact AVID Esq. Group, LLC of Arizona, and ask to schedule a free consultation.

What is a Medical Power of Attorney in Arizona?

A medical power of attorney is a legal document and valuable resource that enables another person to make healthcare decisions on your behalf. In many cases, even younger adults must designate a medical power of attorney based on their medical history.

With a regular power of attorney (POA), the principal grants the agent legal authority to act on their behalf in business, real estate, and financial decisions

Similarly, a medical POA also grants the agent legal authority to act for the principal but only regarding decisions related to medical care.

However, how much authority a medical power of attorney grants to your agent is entirely up to you. Some of the most common stipulations in medical POAs include:

• Where you should go to receive treatment.
• Whether to disconnect life support.
• How to treat brain damage.
• Any lifesaving measures that should be provided or do not resuscitate orders (DNR).
• Decisions regarding medications, drug treatments, and surgeries.
• The doctors, surgeons, or other specialists authorized to provide treatment.
• Whether the principal should be admitted or discharged from a nursing home or assisted living facility.
• The individual or facility who will care for the principal if they require long-term care.

However, anyone considering designating a medical power of attorney should know they can create a tailor-made plan to account for their needs and wishes by limiting the agent’s authority.

What Are the Legal Requirements to Create a Medical Power of Attorney?

Individuals wishing to create a medical power of attorney in Arizona should understand the state’s legal requirements. Arizona state law stipulates that an adult may designate another adult to act on their behalf regarding making healthcare decisions or providing funeral or burial disposition arrangements upon their death.

However, specific legal requirements must be met, which include:

• The legal document contains language that demonstrates the principal intends to create a healthcare power of attorney.
• The individual creating the medical power of attorney must be of sound mind, meaning they are mentally competent to make legal decisions.
• The medical POA must be dated and signed by the principal. However, if the principal cannot sign the power of attorney, a notary public or each witness shall verify that the individual indicated they wished to create the legal document.
• The medical POA must be notarized.

However, it should be noted that there are legal limitations regarding the role and relationship of a notary or witness regarding a medical power of attorney. These limitations include:

• The notary or witness cannot be named as the designated agent in the medical power of attorney.
• A primary care physician or other doctors directly participating in the principal’s health care may not act as their agent.
• If only one individual witnesses a medical power of attorney, that person may not be related to the principal by blood, marriage, or adoption. Furthermore, the agent may not be an individual who is entitled to any portion of the principal’s estate.
• Anyone who has had their fiduciary license suspended or revoked may not serve as a medical power of attorney unless they are related to the principal by blood, marriage, or adoption.

If you still need clarification about the legal requirements that go along with a medical power of attorney, contact the AVID Esq. Group, LLC of Arizona.

What Can Happen if I Do Not Create a Medical Power of Attorney?

Along with the many legal advantages of having a medical power of attorney, there are also several risks to not having one.

One of the most significant risks of not having a medical POA is that any decisions that must be made for an individual who cannot speak for themselves will be left to family members and the medical staff providing care.

When no family member can authorize medical treatment, the hospital or treatment facility must petition the court to appoint a guardian.

The process of appointing a guardian can be quite lengthy and expensive. Additionally, if the court appoints a guardian, a person unfamiliar with you and your family will make decisions on your behalf.

Deciding who should have healthcare power should never be put off until the last minute when it is usually too late. Instead, it is far better to create a medical power of attorney while you can still do so independently.

Contact our law office and ask to schedule a meeting with an experienced lawyer who can assist you.

Why Should I Choose Your Law Firm to Assist Me With My Legal Needs?

Many prospective clients question why they cannot use the online medical POA form available to Arizona residents. Even though this online form may be convenient, certain risks are involved with creating a medical power of attorney independently.

For example, often, family members question the validity of the legal document or are unhappy with the decisions another family member has made regarding medical care. In these situations, a medical power of attorney created online may not hold up to legal scrutiny, which may lead to the court becoming involved with managing your care.

Additionally, a knowledgeable lawyer can create a customized medical power of attorney for your preferences and needs. If you would like to create a medical POA, contact the AVID Esq. Group, LLC of Arizona at 480-467-5636 and ask to schedule a free initial consultation.