Who Can Talk to Doctors for My Parent in Arizona if There’s No Paperwork?
Arizona law sets a priority list of surrogates. Without a signed Medical Power of Attorney, hospitals contact family in order.
At a Glance
- Doctors first look for an existing directive or agent. If none, they turn to Arizona’s surrogate list.
- Order usually goes: spouse, adult children, parents, domestic partner if unmarried, then siblings, then a close friend.
- If no one is available, a physician may proceed after an ethics consult and a second opinion.
See the surrogate statute: A.R.S. § 36‑3231.
Why this matters in real life
Families often assume the hospital will “just call the kids.” In practice, staff must follow the law, confirm who is available, and document consent. That takes time. National research shows more than half of U.S. adults lack an advance directive, which increases delays and family conflict during emergencies. See the U.S. GAO summary of national data. GAO‑15‑416.
How Arizona handles decisions with no agent on file
The surrogate priority list
Arizona law tells providers whom to contact and in what order when a patient cannot decide.
- Spouse unless legally separated.
- Adult child—if more than one, a majority of those reasonably available should agree.
- Parent.
- Domestic partner if the patient is unmarried.
- Sibling.
- Close friend who knows the patient’s wishes.
Source: A.R.S. § 36‑3231.
If no surrogate can be reached
Providers can still act, but they document extra safeguards first.
- Attending physician consults an ethics committee, or if unavailable, a second physician, then proceeds with treatment in the patient’s best interest.
- Once a lawful surrogate or agent appears, that person takes over decisions.
See A.R.S. § 36‑3231.
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What a Medical POA does
You choose who may talk to doctors and make choices if you cannot.
Your agent can discuss treatment, see records, and consent to care in line with your values. Arizona allows you to appoint backups and add a HIPAA release. Signing needs either a witness or a notary. See A.R.S. § 36‑3221. Start with our plain‑English page on Powers of Attorney.
Where hospitals can find your forms
You can store documents in Arizona’s directives registry for quick access in emergencies.
Arizona moved the Advance Directives Registry to the state’s health information exchange. Hospitals can look up your HCPOA or Living Will if you upload it. Learn more at the Arizona Advance Directives Registry overview.
Common scenarios and quick answers
Two adult children disagree. Who decides?
If more than one child is available, providers look for a majority. Families can avoid stalemates by naming one primary agent and a clear backup in a Medical POA. See A.R.S. § 36‑3231 for the majority rule.
We are unmarried partners. Can I speak for them?
Yes, if the patient is unmarried and you qualify as a domestic partner, you are in the surrogate order. A signed Medical POA is still the best way to avoid questions at check‑in. See the statute listing of “domestic partner.” A.R.S. § 36‑3231.
How often do people actually have these documents?
Not as often as you might think. A federal review reported about 47% of adults over age 40 had an advance directive, with much higher rates in hospice. That is why hospitals rely on the surrogate list so often. GAO‑15‑416.
Next steps
- Choose an agent and one backup. Use our page on Powers of Attorney to get started.
- Write a short Living Will to guide your agent. Keep it consistent.
- Upload documents to the state registry so providers can find them quickly. See the AzHDR overview.
- If a court case becomes necessary, learn the basics in our Guide to Probate.
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