5 Important Things to Know About Creating a Living Will in Arizona
There are important things to know before you create an Arizona Living Will. Our estate attorneys in Arizona can help.
Did you know that according to the American Psychological Association only 25% of Americans have a Living Will? The numbers are probably similar for Living Wills in Arizona. This means if you don't have one either, you are not alone. Establishing a will is easy.
However, creating a living will is necessary in case anything unexpected occurs. Our Estate Planning Attorneys are here to help you. But how to do a living will?
Read on to learn about five important things to know about creating a living will in Arizona or how to get a living will.
1. Make your wishes clear
A living will is important because it can make out your wishes in the case of many circumstances. If you happen to come upon a difficult time, you can reduce the stress on you and your family by having a living will that clearly states your wishes. A Living will is as important as other estate planning documents to protect all your assets, protect your healthcare, and avoid the probate process. Together with financial and medical powers a living will consist what we all incapacity planning.
A living will is also known as an advance directive. The living will make clear details like the use of feeding tubes, your wishes for resuscitation, if you want to be on life support or not, and procedures that can prolong your life (life sustaining treatment). It will give clear guidance about your medical care and which medical treatment you want to be subject to.
All your wishes related to an end of life emergency should get listed. During a challenging time, your family will have comfort knowing your wishes are being met. This reduces the risk of your family becoming divided on certain measures as well. Having what we call a life care planning will reduce the burden on your loved ones. Living wills play a crucial role in making end of life decisions.
2. Limit the Emotional Burden on your loved one
Not only can having a living will eliminate the chances of your family becoming divided, but it will also limit the emotional burden. In case something happens to you, decisions don’t have to be made by other people. The emotional turmoil of deciding on the right medical attention can be devastating for families.
Having a health care proxy ensures that a designated person can make medical decisions on your behalf if you are unable to communicate your wishes, which is crucial for advance directives like living wills and durable powers of attorney.
A Living Will is also usually drafted together with a health care power of attorney. Both your health care POA and your living will work together to express your wishes.
3. Have it properly drafted to avoid issues
You can draft a living will on your own, however it is not recommended. An Arizona living will is a critical legal document that should be properly drafted. Forms shouldn’t decide your medical treatments or your comfort care. Arizona Living Wills are much more than just a form.
Most people don’t know where to start when it comes to making a living will. This is why hiring a lawyer in Arizona to help you with the process is recommended. An attorney will help you protect your end of life wishes before your death.
A lawyer can give you advice on your living will that is specific to your life. They will also be able to provide you with a living will questionnaire (not a living will form) that can help you get through the process easier.
Drafting your living will with a lawyer is beneficial in many ways. Law professionals can also share information with you regarding medical advice. This includes understanding details on issues that could come up in the future, or what could happen if you do not have a living will. If you authorize they can release your living will to any medical professionals in case of an emergency.
An attorney will draft all contingencies and have clear instructions in case you are unable to make decisions for yourself. It will give the person in charge of it resources to decide on your behalf when you become the patient.
4. Does a living will Arizona need to be witnessed and notarized?
It is important to sign your living will and have it notarized for it to valid. You should also consult your agents about your wishes to ensure that the agents in your living will understand them well.
Some doctors do not honor a living will if there is a lot of conflict between your family. This means speaking to the people involved in advance can only be beneficial. It is important to try to get everyone on the same page with your decision. Additionally, ensure that health care providers are aware of and understand your living will.
A Living Will should also have a date. It should also specify clearly who is the Principal and any other related parties. Having clear directives will avoid mistakes and give you peace of mind. If you decide to do your living will on your own please make sure to sign it in front of a notary public.
5. Check the Laws
It is important to check the laws in your area so that you know what is required when it comes to a living will. In some cases, you will need a health care power of attorney. If you do not have certain documents, you could run into issues. Make sure to communicate your living will to each health care facility you are admitted to, ensuring that your wishes are clearly understood by the medical staff.
That is why talking to an estate planning attorney to make sure that all your estate planning documents are properly drafted can make a huge difference. An estate planning attorney usually is also a probate lawyer, they can make sure that not only your living will is properly drafted, but all the documents that will help reduce the burden in your family. They will be able to assist you properly.
If you have a living will from another state it will not necessarily be valid in the state of Arizona. AZ has very specific laws. Most estate attorneys do offer a free consultation to review out of state documents.
Creating Your Living Will in Arizona: Advance Care Planning
Do you know how to make a living will? Creating your living will in Arizona is important whether you are healthy right now or not. A health problem can occur at any time and force your family to have to make difficult decisions in your behalf. Get them all on the same page in case of an emergency and also respect your wishes.
A healthcare agent, also known as a healthcare proxy or healthcare power of attorney, can make medical decisions on your behalf, especially in critical situations.
For advice on making a living will or to create a customized estate planning plan contact Citadel Law Firm today. Our estate planning attorneys in Chandler will be pleased to help you. Call (480)565-8020 or click here or below to schedule your free consultation today. Our law firm in Arizona is specialized in living wills and we will be pleased to help.
Do you know the difference between Last Will and Testament and Living Will? What is the cost to create a Will? Click here to see
If you want to know how to create a valid will in Arizona, click here?
Frequently Asked Questions About Creating a Living Will in Arizona
I'd be happy to help you create answers for your FAQ about Living Wills in Arizona. I'll provide concise answers to each question, keeping them to a maximum of two paragraphs. Let's start with the first question:
What is the purpose of a living will in Arizona?
A living will in Arizona serves to document your healthcare wishes if you become incapacitated and unable to communicate. It specifies your preferences for end-of-life medical treatments, allowing you to maintain control over your healthcare decisions even when you can’t express them directly. For individuals diagnosed with a serious illness, having a living will becomes crucial to ensure their treatment preferences are honored during medical emergencies.
This document helps guide your healthcare providers and family members in making medical decisions on your behalf, reducing potential conflicts and ensuring your wishes are respected. It provides peace of mind for both you and your loved ones during difficult times.
What is the main disadvantage of a living will?
The main disadvantage of a living will is that it may not cover all possible medical scenarios. Since it's created in advance, it can't account for unforeseen circumstances or medical advancements that might occur between its creation and when it's needed.
Additionally, the language in a living will can sometimes be vague or open to interpretation, potentially leading to confusion or disagreement among healthcare providers and family members. This is why it's often recommended to combine a living will with a healthcare power of attorney for more comprehensive coverage.
What are the requirements for a living will in Arizona?
In Arizona, a living will must be in writing and signed by you or someone you designate in your presence. It must also be dated and witnessed by at least one adult who is not related to you by blood, marriage, or adoption, and who would not be entitled to any part of your estate.
The document should clearly state your wishes regarding end-of-life care and medical treatments. While not required, it's recommended to have the document notarized to add an extra layer of authenticity and legal weight.
What is the difference between a Living Will and an Advance Directive?
A living will is a specific type of advance directive that focuses solely on end-of-life care decisions. It outlines your preferences for medical treatments in situations where you're terminally ill or in a persistent vegetative state.
An advance directive, on the other hand, is a broader term that encompasses various legal documents related to healthcare decision-making. This can include a living will, a healthcare power of attorney, and other documents specifying your healthcare preferences. Essentially, a living will is one component of a comprehensive advance directive.
What are life-prolonging procedures or life sustaining treatments as part of your Living Will?
Life-prolonging procedures or treatments in a living will typically refer to medical interventions that extend life without necessarily improving quality of life. These can include mechanical ventilation, artificial nutrition and hydration, dialysis, and cardiopulmonary resuscitation (CPR).
Your living will can specify which of these treatments you would or would not want in certain situations, such as if you're in a persistent vegetative state or have a terminal condition. It's important to be as specific as possible about your preferences for these procedures.
Can I update or revoke my Living Will in Arizona?
Yes, you can update or revoke your living will in Arizona at any time, as long as you're mentally competent. To update your living will, you can create a new document that supersedes the old one. To revoke it, you can destroy all copies of the document or create a written revocation.
It's important to inform your healthcare providers, family members, and anyone else who has a copy of your living will about any changes or revocations. Regular review and updates of your living will are recommended to ensure it continues to reflect your current wishes.
Is a Living Will legally binding in Arizona?
Yes, a properly executed living will is legally binding in Arizona. Healthcare providers are required to follow the instructions in your living will, provided they're aware of its existence and it complies with state law.
However, it's important to note that in emergency situations, medical personnel may not have immediate access to your living will. This is why it's crucial to inform your family and healthcare providers about your living will and ensure they have easy access to it.
Do I need an attorney to create a Living Will in Arizona?
While it's not legally required to have an attorney create your living will in Arizona, consulting with one can be beneficial. An attorney can ensure your document is properly drafted, executed, and complies with all state laws.
If you choose not to use an attorney, there are state-approved forms available that you can use to create your living will. However, if you have complex medical conditions or specific concerns, professional legal advice can help ensure your wishes are accurately and comprehensively documented.
What decisions can I specify in a Living Will in Arizona?
In an Arizona living will, you can specify your preferences for various end-of-life medical treatments. This includes decisions about life-sustaining treatments like artificial nutrition and hydration, mechanical ventilation, and cardiopulmonary resuscitation (CPR).
You can also express your wishes regarding pain management, organ donation, and your preferred place of care (e.g., hospital, hospice, or home). Additionally, you can include personal values and religious beliefs that should guide your care. It's important to be as specific as possible to ensure your wishes are clearly understood and followed.