Living Will Attorney Arizona: What do you need to know

In Arizona, having a well-crafted living will is a crucial aspect of comprehensive estate planning. A living will outlines your preferences for medical treatment in case you become unable to communicate with your loved ones and doctors. Advance directives, which include living wills and medical power of attorney, are essential estate planning documents that specify your healthcare wishes and designate someone to make medical decisions on your behalf if you are incapacitated. To navigate the legal intricacies of creating a living will in Arizona, the expertise of a living will attorney is invaluable. It is important to understand that a living will is not a last will and testament, or just will. The key distinction between a living will and a last will lies in their respective purposes and scopes.

A living will addresses an individual’s healthcare preferences, particularly regarding end-of-life treatments, and is activated when the person is still alive but unable to communicate their wishes.

In contrast, a last will, also known as a testament, primarily deals with the distribution of assets and the appointment of guardians for minors after the individual’s death.

While a living will guides medical decisions and life sustaining treatment, a last will guides the allocation of property, guardianship, and other matters posthumously. Essentially, a living will focuses on healthcare directives during life, while a last will focuses on the distribution of assets and the fulfillment of final wishes after death. Many estate planning firms in Chandler offer free initial consultations to discuss your needs regarding living wills and advance directives, helping you make informed decisions about your medical power and healthcare planning.

Keep reading our blog to learn more about living wills in Arizona.

What is an Arizona Living Will?

A living will is a document that outlines an individual’s preferences and instructions regarding medical treatment in the event they become unable to communicate or make decisions for themselves due to illness or incapacity. Also known as an advance healthcare directive or healthcare declaration, a living will is essential for making medical decisions when you are unable to do so, as it allows you to clearly express your wishes in advance. A living will expresses the person’s desires for specific medical interventions, such as life-sustaining treatments, resuscitation, and organ donation. It is important to leave instructions for your medical and end-of-life preferences in your living will to guide your loved ones and healthcare providers in honoring your wishes. This document aims to guide healthcare providers and family members in making decisions aligned with the individual’s values and wishes. A living will is not a health care power of attorney.

Unlike a last will and testament, which addresses matters after death, a living will comes into effect while the person is alive but unable to participate in medical decision-making. It serves as a proactive tool for individuals to assert control over their healthcare, ensuring that their preferences are respected and followed in critical medical situations. If you do not write down your wishes about your health care in advance, those wishes may not be honored because they may remain unknown to others. You should give a copy of your advance health care directive to your health care agent, your physicians, family members, and others whom you expect would likely attend to your needs if you become unable to understand, make, or communicate decisions about medical care.

A Living Will is not a Will, or a Last Will and Testament, learn more

It’s crucial to understand that a Living Will is distinct from a traditional Will or Last Will and Testament, despite the similarity in terminology. While a Last Will and Testament primarily addresses the distribution of assets, appointment of guardians for minor children, and other matters after an individual’s demise, a Living Will focuses specifically on healthcare preferences and decisions during one’s lifetime. The purpose of a Living Will is to guide medical professionals and family members when the individual is unable to communicate or make decisions about their medical treatment due to incapacitation.

Unlike a Last Will and Testament, which comes into effect upon death, a Living Will operates during the individual’s lifetime, particularly in situations involving serious illnesses, accidents, or end-of-life care and life sustaining treatment. It outlines preferences for medical interventions, resuscitation, and other treatments, ensuring that the individual’s healthcare choices are honored. Both documents play crucial roles in comprehensive estate planning, but they serve different purposes, emphasizing the importance of clarity and specificity in legal documentation to address various aspects of an individual’s life and legacy. Consulting with an experienced estate planning attorney can provide valuable guidance in navigating the complexities of these documents and ensuring they align with one’s overall estate planning goals. Living Wills are an important part of your estate planning.

Arizona Living Will Requirements

To meet the legal requirements for a valid Living Will in Arizona, several key considerations must be addressed. The document should be in writing, dated, and signed by the person creating it (referred to as the “declarant” or “principal”), or someone else at their direction, while they are of sound mind. The person making the living will must be at least 18 years of age and of sound mind.

In Arizona, a Living Will must be either witnessed by at least one adult witness or notarized by a notary public. The witness or notary cannot be a relative or anyone involved in the patient’s healthcare. The witness must verify the identity of the declarant and ensure the document is signed voluntarily and without undue influence.

A Living Will cannot be followed unless your attending physician determines that you lack the ability to understand, make, and communicate health care decisions for yourself.

To enhance the accessibility of the Living Will in critical situations, Arizona provides the option of registering it with the Arizona Healthcare Directives Registry (AzHDR), ensuring healthcare providers and emergency personnel can quickly access the document when needed.

Understanding and meeting these legal requirements is essential to creating a valid and effective Living Will that aligns with an individual’s healthcare preferences, health care power of attorney, and ensures their wishes are respected in challenging medical situations. Consulting with an Arizona estate planning attorney can provide valuable guidance throughout the process.

Why do you need a Living Will in Phoenix, AZ?

Creating a Living Will in Phoenix, Arizona, is crucial for several reasons. A Living Will is a legal document that outlines your preferences for medical treatment in the event you become unable to make decisions about your healthcare. In Phoenix, as elsewhere, unforeseen circumstances such as accidents, serious illnesses, or unexpected medical conditions can occur, making it imperative to have clear and legally binding instructions for your medical care. It is essential for any capable adult to be prepared for unexpected medical emergencies or if end-of-life care needs to take place.

A Living Will empowers you to decide and express your wishes regarding life-sustaining treatments, organ donation, and other specific medical procedures in situations where you may be facing terminal or irreversible conditions. It provides a proactive and legally recognized way for you to make informed choices and maintain control over your healthcare decisions, ensuring that your values and preferences are honored.

Moreover, having a Living Will can relieve your loved ones from the emotional burden of making difficult decisions on your behalf without clear guidance. Living wills in Arizona can reduce family conflict by eliminating guesswork during emotional times. It promotes clarity and certainty, reducing the potential for family disputes and ensuring that healthcare providers are aware of your preferences. In Phoenix, where unexpected medical events can happen, having a Living Will is a responsible and compassionate step toward securing your autonomy and ensuring your voice is heard in critical healthcare situations. Consulting with a Living Will attorney in Phoenix can help you navigate the legal requirements and create a document that aligns with your specific wishes and values.

When should I Make a Living Will?

Making a Living Will is a proactive and prudent step that should be taken as part of your overall estate planning, ideally when you are of sound mind and capable of making important decisions about your healthcare preferences. There isn’t a specific age requirement, and the timing can vary based on individual circumstances. It’s advisable to create a Living Will as soon as you have clear preferences for your medical treatment, regardless of your age. Living Wills can help your loved ones to know your wishes. Creating a Living Will can be accomplished in a few easy steps, making the process accessible for everyone.

Young adults who are at least 18 years old may benefit from having a Living Will, as unexpected accidents or health crises can happen at any stage of life. However, as life circumstances change, such as marriage, the birth of children, or a diagnosis of a serious illness, it becomes especially important to review and update your Living Will to reflect your current wishes accurately.

Waiting until a medical crisis occurs may limit your ability to express your preferences, so it’s recommended to create a Living Will well in advance. Regularly reviewing and updating your Living Will as circumstances change will help ensure its continued relevance and effectiveness in guiding your healthcare decisions.

Appointing a Health Care Agent in Arizona

Let me walk you through one of the most important decisions you’ll make when creating your living will and advance health care directive here in Arizona—choosing your health care agent. I want you to think of this person as your voice when you can’t speak for yourself. When you designate someone you trust to act on your behalf, you’re ensuring that your health care wishes will be honored, even during those times when you might not be able to communicate or make medical decisions yourself. Your health care agent becomes your advocate, working directly with your doctors and health care providers to make sure your specific instructions about medical treatment, life sustaining care, and end of life decisions are followed to the letter.

Now, let’s talk about who can serve in this important role. Arizona law keeps it simple—your health care agent just needs to be at least 18 years old and of sound mind. But here’s where my years of experience come in handy: the legal requirements are just the starting point. What really matters is choosing someone you trust completely—someone who truly understands what’s important to you, someone who will honor your wishes even when it’s difficult, and someone who can make tough decisions during what might be very stressful times. This could be your spouse, an adult child, a close friend, or another loved one who feels comfortable talking about sensitive health care topics and is prepared to stand up for what you want.

Here’s something I always explain to my clients: your health care agent’s authority can be as broad or as narrow as you decide. You’re in complete control of what powers you give them. They might need to make decisions about life prolonging procedures, medications, surgeries, do not resuscitate (DNR) orders, and various other medical treatments. That’s why it’s so crucial that you clearly spell out exactly what authority you’re giving your agent in your living will or advance health care directive. Trust me, clear instructions now prevent confusion and conflict later when emotions are running high.

Let me guide you through the process of making this official in Arizona. You’ll need to complete a valid health care directive or living will form—and don’t worry, this doesn’t have to be complicated. Your document should include your full name and address, your chosen agent’s name and address, a clear statement giving them the authority to make health care decisions for you, and any specific instructions or limitations you want to include. Arizona law requires that you sign this form in front of two witnesses, who will also sign to confirm that you’re mentally competent and making this decision voluntarily. Alternatively, you can have the document notarized, which I often recommend for that extra layer of legal protection.

Once your health care directive is complete, here’s what I always tell my clients to do next: make sure the right people have copies. Give one to your health care agent, of course, and make sure your doctor and other health care providers have copies in your file. But here’s the step that many people skip, and it’s so important—sit down with your agent and your loved ones and talk through your wishes in detail. I can’t stress this enough: everyone needs to understand your preferences and be prepared to support your decisions when the time comes. Also, please remember to review and update these documents regularly, especially if your health situation or personal wishes change.

You might also want to consider some additional health care documents that can work alongside your health care agent designation. Things like a do not resuscitate (DNR) order or a physician’s order for life-sustaining treatment (POLST) can provide even more specific guidance to your health care providers. These forms help ensure that your treatment preferences are crystal clear and will be honored in any situation that might arise.

By thoughtfully choosing your health care agent and creating a comprehensive advance health care directive, you’re giving both your loved ones and your medical team exactly what they need to make the right choices for your health and well-being. You’re also giving yourself tremendous peace of mind. If you have any questions about this process, or if you’d like help creating these important documents, I’m here to provide the support and legal guidance you need. Together, we can make sure your wishes are clearly documented and legally sound, so you can focus on what matters most—living your life with confidence.

Medical Treatments Covered by Living Wills

Living Wills typically cover a range of medical treatments, allowing individuals to express their preferences for end-of-life care and medical interventions. While the specifics may vary based on state laws and individual preferences, common treatments addressed in Living Wills include:

1. Life-Sustaining Treatments: Living Wills often address whether an individual wishes to receive life-sustaining treatments such as artificial respiration, mechanical ventilation, or cardiopulmonary resuscitation (CPR) in the event of terminal illness or irreversible conditions. These documents frequently specify what should happen if a person is determined to be permanently unconscious, such as in a persistent vegetative state or irreversible coma.

2. Artificial Nutrition and Hydration: Individuals can specify their preferences regarding artificial nutrition (tube feeding) and hydration (intravenous fluids) if they are unable to consume food or liquids orally. You should think how to approach that if you are in a persistent vegetative state as well.

3. Palliative and Comfort Care: A Living Will may outline preferences for palliative care and pain management to ensure comfort and quality of life during serious illnesses. That is especially important if you are in a persistent vegetative state.

4. Organ and Tissue Donation: A living will may include provisions about organ donation and tissue donation, allowing individuals to express their willingness to donate or withhold consent.

5. Dialysis and Antibiotics: Preferences regarding the use of dialysis or antibiotics, particularly in situations where the benefits may be limited, can be specified in a Living Will. What happens if an individual necessitates life-sustaining treatment? Would you want them or not? You may want to express that in your advance medical directives.

6. Pregnancy Considerations: Special legal considerations apply if the individual is pregnant. Arizona law may require that life-sustaining treatment be continued if withholding it would be physically harmful to the woman or the fetus, or if there is a possibility of live birth. These factors should be addressed in your Living Will.

7. Mental Health Preferences: Mental health preferences can also be included in advance directives, allowing you to specify your wishes regarding mental health treatment and care.

8. Hospice Care: You will be able to specify what type of care you want to receive in case you go into hospice. Hospice care sometimes can make your life a few days shorter but they may make your last days more comfortable. It is not easy to think about your own death.

It’s crucial for individuals to carefully consider their values, beliefs, and preferences when drafting a Living Will as an estate planning document and to consult with a healthcare professional or legal advisor to ensure that the document accurately reflects their wishes and complies with relevant state laws. Your Health care power of attorney, together with a living will, will help your family in a moment of crisis in Arizona. Make sure they are available to your medical team and health care agent as well. It is important to include your Living Will and Medical Power of Attorney with your medical record and ensure your medical and hospital records are up to date. Provide contact information for yourself and your healthcare agent in your documents so medical personnel can reach the right people quickly.

You can request or refuse specific treatments in your Living Will, and it is essential to be able to speak for yourself or through your healthcare agent if you are unable to communicate. For example, if you are in a car accident and become unconscious, your Living Will can guide your healthcare agent and doctors on whether to continue life-sustaining treatment or focus on comfort care.

A healthcare agent is appointed to make medical decisions if you are unable to do so. The agent must be someone you trust, at least 18 years old, and not directly involved in your care unless related by blood, marriage, or adoption. If a healthcare agent is not appointed, medical personnel will defer to family members to make decisions on your behalf. It is advisable to provide copies of your advance healthcare directive to your agent, physicians, and family members.

Without guidance from you in these legal documents, family members and health care providers can easily become uncertain about treatment decisions. Requirements for Living Wills may differ in other states, so it’s important to consult local laws if you move or spend time elsewhere. Some law firms offer an online form to schedule consultations or submit documents, making it easier to get started. Always leave instructions for your medical and end-of-life preferences to ensure your wishes are respected.

Schedule a Consultation with a Living Will Law Firm in Chandler, AZ Today!

Talk to an estate planning lawyer in Chandler today, we will be pleased to help you with your living will. Citadel Law Firm PLLC is specialized in estate planning in Chandler. Call (480) 565-8020, use our online form, or click here to schedule your free estate planning consultation today.