Updated August 3, 2026. Quick answer: Arizona calls this instrument living will, health care power of attorney, mental health care power of attorney. To execute it you need 1 witness — and the state requires witnesses OR a notary — either one. Getting that conjunction wrong is the most common way a directive fails when it is needed.
The execution box
| What the state calls it | living will, health care power of attorney, mental health care power of attorney |
|---|---|
| Witnesses required | 1 |
| Witnesses or notary? | witnesses OR a notary — either one |
| Who may NOT witness | A witness or notary may not be a person designated to make medical decisions on the principal’s behalf (the agent), or a person directly involved in providing health care to the principal. If only one witness (no notary) is used, that witness may not be related to the principal by blood, marriage or adoption, and may not be entitled to any portion of the principal’s estate. |
| If you are in a care facility | No special rule found in the text we read |
| Authority | A.R.S. § 36-3221 |
What the statute says
notarized or is witnessed in writing by at least one adult
— A.R.S. § 36-3221
The form
There is an official state form, published by the state and free: A.R.S. § 36-3221. You should not have to buy one.
Why the witness rules matter more than the wording
People spend their effort on what the directive says and almost none on how it is signed. A directive that expresses your wishes perfectly but was witnessed by someone the statute disqualifies may not be honoured. The disqualification lists exist because the people most likely to be in the room — family, the treating doctor, facility staff — are the people with an interest in the outcome.
Two practical consequences. Ask who is signing before the appointment, not during it. And if you are already in a hospital or care facility, check the facility rule row above — several states add a requirement that applies only to patients and residents, and it is the one nobody mentions.
This is the medical instrument, not the financial one
A financial power of attorney is a different document with different execution rules. Having one does not give anyone authority over your medical care, and having this one gives nobody authority over your money. Most people need both, and they are executed separately.
What could not be verified
Section 36-3262 confirms a sample living will form exists in statute; only one witness (not two) is required, or notarization in the alternative, which is a lighter requirement than most states.
Related: all states compared · living will versus healthcare proxy · what it costs.
General information drawn from state statutes and official state materials, not legal or medical advice. Advance-directive law is STATE law and the execution requirements differ in ways that decide whether a document works: some states require witnesses AND a notary, some accept either, and the list of people who may not witness varies. A directive executed the wrong way may not be honoured when it matters. Many states publish a free official form – you should not have to buy one.