Arizona Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Arizona who cannot decide: an agent, a guardian, or Arizona's default surrogate order. Runs in your browser; nothing is stored.

Arizona law checked against official sources on October 26, 2026.

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What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Arizona

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Arizona's default surrogate order

  1. Guardian appointed by a court for the express purpose of making health care decisions (Acts as surrogate in place of the agent)
  2. Agent named in a health care power of attorney (Acts unless a guardian has been appointed expressly for health care decisions)
  3. Spouse (Not if legally separated)
  4. An adult child (majority of reasonably available adult children if more than one)
  5. A parent
  6. Domestic partner (Only if the patient is unmarried)
  7. A brother or sister
  8. A close friend (An adult who has shown special care and concern, knows the patient's health care views and is willing to act)
What it covers
Applies to health care treatment decisions for an adult who cannot make or communicate them. A surrogate who is not the agent or guardian cannot admit the patient to an inpatient psychiatric facility except on the emergency path.
If more than one person is in the same group
Only adult children have a stated rule: the provider seeks consent of a majority of reasonably available adult children.
If nobody on the list is available
If no one on the list can be located, the attending physician may decide after getting recommendations from an institutional ethics committee, or if that is not possible, with a second physician who concurs.
Who decides the person cannot decide
The list applies when an adult is unable to make or communicate treatment decisions. This section does not say who makes that finding.
Limits
  • A surrogate who is not the agent or guardian cannot admit the patient to an inpatient psychiatric facility, except on the emergency path in subsection E and listed statutes.
  • Surrogates must follow the patient's wishes if known.

Source: A.R.S. 36-3231 · Checked October 26, 2026

Less certain: Arizona's official statute page shows no amendment history, and 2024-2026 session laws were not checked for changes to this list.

Next steps

Who decides in Arizona without a power of attorney?

Arizona's default surrogate law (A.R.S. 36-3231) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse (not if legally separated).

Arizona's default surrogate law in full

Arizona's default surrogate order

  1. Guardian appointed by a court for the express purpose of making health care decisions (Acts as surrogate in place of the agent)
  2. Agent named in a health care power of attorney (Acts unless a guardian has been appointed expressly for health care decisions)
  3. Spouse (Not if legally separated)
  4. An adult child (majority of reasonably available adult children if more than one)
  5. A parent
  6. Domestic partner (Only if the patient is unmarried)
  7. A brother or sister
  8. A close friend (An adult who has shown special care and concern, knows the patient's health care views and is willing to act)
What it covers
Applies to health care treatment decisions for an adult who cannot make or communicate them. A surrogate who is not the agent or guardian cannot admit the patient to an inpatient psychiatric facility except on the emergency path.
If more than one person is in the same group
Only adult children have a stated rule: the provider seeks consent of a majority of reasonably available adult children.
If nobody on the list is available
If no one on the list can be located, the attending physician may decide after getting recommendations from an institutional ethics committee, or if that is not possible, with a second physician who concurs.
Who decides the person cannot decide
The list applies when an adult is unable to make or communicate treatment decisions. This section does not say who makes that finding.
Limits
  • A surrogate who is not the agent or guardian cannot admit the patient to an inpatient psychiatric facility, except on the emergency path in subsection E and listed statutes.
  • Surrogates must follow the patient's wishes if known.

Source: A.R.S. 36-3231 · Checked October 26, 2026

Less certain: Arizona's official statute page shows no amendment history, and 2024-2026 session laws were not checked for changes to this list.

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Arizona if there is no power of attorney?

Arizona's default surrogate law (A.R.S. 36-3231) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse (not if legally separated). The full order, tie rule and limits are in A.R.S. 36-3231.

Does next of kin in Arizona have authority over money?

No default surrogate law covers money. In Arizona, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Arizona law checked against the official text on October 26, 2026.

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