Will a California Health Care Directive Be Recognized in Arizona?
Full Question:
Answer:
Arizona law states that an out-of-state health care directive that complies with the law of the state where made will be honored. However, it is advised to have documents that comply with the state of residence. Doctors may not have time to consult with their legal department first in an emergency.
Also, AZ has a registry for health care directives based on an AZ form, so you may wish to check if the registry has a procedure for an out-of-state directive to be recognized.
Please see the following AZ statutes:
36-3208. Prior and out of state health care directives; validity
A health care directive prepared before September 30, 1992, or prepared
in another state, district or territory of the United States is valid in
this state if it was valid in the place where and at the time when it was
adopted and only to the extent that it does not conflict with the criminal
laws of this state.
36-3292. Filing requirements
A. A person may submit to the secretary of state, in a form prescribed
by the secretary of state, the following documents and any revocations of
these documents for registration:
1. A health care power of attorney.
2. A living will.
3. A mental health care power of attorney.
B. The person who submits a document for registration pursuant to this
section must provide a return address.
C. Documents submitted pursuant to this section must be notarized or
witnessed as prescribed by this chapter.