Arizona Laws 36-3209. Health care directives; conflicts
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A. If there are conflicts among the provisions of valid health care directives, the most recent directive is deemed to represent the wishes of the patient.
Terms Used In Arizona Laws 36-3209
- 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
- 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 provider: means a natural person who is licensed under Title 32, Chapter 11, 13, 15, 17 or 25, a hospice as defined in section 36-401 that is licensed under chapter 4 of this title or an organization that is licensed under this title, that renders health care designed to prevent, diagnose or treat illness or injury and that employs persons licensed under Title 32, Chapter 11, 13, 15, 17 or 25. See Arizona Laws 36-3201
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- 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
- Surrogate: means a person authorized to make health care decisions for a patient by a power of attorney, a court order or the provisions of section 36-3231. See Arizona Laws 36-3201
B. Notwithstanding any other law, if there is a conflict between a provision of a valid health care directive, the decision of a patient’s agent pursuant to a valid health care power of attorney or the decision of a surrogate decision maker pursuant to section 36-3231 and a health care provider‘s order, including an order regarding life-sustaining treatment or a similar document, the health care directive, the decision of the patient’s agent or the decision of the surrogate decision maker is presumed to represent the decision of the patient.