5 Important Things to Know About Creating a Living Will Arizona
Learn about the most Important Things about creating a Living Will 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 one is easy.
Living wills are important for all adults, not just the elderly, as unexpected medical situations can arise at any age. You can create a living will at any age, and it is advisable to do so after turning 18 or before any major medical treatment. One key benefit of preparing a living will early is that it ensures your healthcare wishes are known and respected, providing peace of mind for you and your loved ones.
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 call 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. It is important to talk to your healthcare team, family, and friends about your living will to ensure everyone is informed and understands your wishes. Openly talking about your preferences helps prevent confusion and ensures your loved ones and friends are aligned with your end-of-life decisions. 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. Arizona law allows living wills and healthcare powers of attorney to be combined or attached to ensure a comprehensive approach to medical decisions. In Arizona, a living will provides specific medical instructions for doctors, while a healthcare power of attorney grants legal power to a trusted person. Both your health care POA and your living will work together to express your wishes. Generally, most people do not need a lawyer to create these documents, but it is often recommended.
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. It is important to prepare your living will and related advance directive documents in advance to ensure your healthcare wishes are respected and to ease decision-making for your loved ones.
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 you will need to fill out to 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. It is advisable to review your advance directives with your healthcare professional and your healthcare agent to ensure they are filled out correctly.
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?
In Arizona, a living will must be in writing, dated, signed, and either witnessed or notarized to be valid. It is important to sign your living will and have it notarized, or have a witness present to validate the document, to ensure it is legally binding. 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 or have a witness present.
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. To create a living will in Arizona, you can use state-specific forms that meet legal requirements, which can often be found online. Be sure to print these forms and keep physical copies for legal and healthcare purposes. 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. Additionally, ensure that any do not resuscitate (DNR) or do not intubate (DNI) orders are properly recorded in your medical record for clarity and enforcement.
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.
Appointing a Power of Attorney in Arizona
When you’re thinking about your future medical care, appointing a healthcare power of attorney here in Arizona is one of the most important steps you can take. I’ve helped many clients through this process, and I want you to understand that this isn’t just paperwork—it’s about ensuring someone you trust completely can speak for you when you can’t speak for yourself. This works beautifully alongside a living will, which is where you’ll spell out exactly what you want regarding things like organ donation, feeding tubes, and whether you’d want interventions like electric shock during life-saving efforts.
Let me explain what Arizona law says about this. A healthcare power of attorney—and you might hear it called a durable power of attorney for healthcare, which means the same thing—gives the person you choose the legal authority to work directly with your doctors and make sure your care matches exactly what you’ve told them you want. Now, this person can be anyone you trust deeply—a family member, your closest friend, really anyone who knows you well and will honor your wishes. And here’s something I always recommend: choose backup people too, because life happens and your first choice might not be available when you need them.
Creating a valid power of attorney in Arizona isn’t complicated, but there are specific rules we need to follow. You must be at least 18 and mentally capable of making this decision—what we call “of sound mind.” The document has to be written down clearly, state exactly what you’re doing, and you’ll need to sign and date it. Here’s where I really want to emphasize something important: get your signature witnessed or notarized, just as Arizona law requires. This extra step protects you and gives your chosen person the clear legal authority they’ll need if they ever have to step in during a medical emergency.
Now, I strongly encourage all my clients to register their advance directives—that’s your power of attorney and living will—with something called the Arizona Healthcare Directives Registry, or AzHDR for short. Think of this as making your wishes easily accessible to any healthcare provider in an emergency. When seconds count and you can’t communicate, this registry ensures your documents are right there when doctors need them. There are many wonderful organizations throughout Arizona that can walk you through completing and registering these documents, and they’re there to help you every step of the way.
Your chosen agent—that’s the person you’ve appointed—will have significant responsibilities. They’ll communicate your wishes to doctors and caregivers, make decisions about comfort care, and have the authority to accept or refuse life-sustaining treatments based on what you’ve told them you want. What I’ve seen time and again is that this actually brings families together rather than creating conflict, because everyone knows exactly what you wanted. This takes an enormous burden off your loved ones’ shoulders—they won’t have to guess what you would have wanted during the most stressful time of their lives.
Life changes, and your documents should change with it. I always tell my clients to review their power of attorney and living will regularly—especially if their health changes, their personal values evolve, or they want to choose different agents. Keeping everything current means your advance care planning truly reflects who you are today and ensures your healthcare decisions stay exactly where they belong: with you.
By taking these thoughtful steps—appointing someone you trust as your healthcare power of attorney and creating a comprehensive living will—you’re doing something incredibly valuable. You’re protecting your right to make your own healthcare decisions, giving your loved ones peace of mind, and ensuring your wishes for end-of-life care are honored throughout your life here in Arizona. If you’d like guidance through this process or want to make sure your documents are properly prepared and registered, I invite you to reach out to us at Citadel Law Firm. We’re here to help you navigate this important step with care and confidence.
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.
If you wish to update your living will, you should fill out a new directive. To ensure the new living will effectively revokes the old one, the new document must be valid under Arizona law.
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
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Frequently Asked Questions About Creating a Living Will in Arizona
I’d be happy to help you with answers for your FAQ about Living Wills in Arizona. 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.
Some people like to add their advance directives to the Arizona healthcare directives registry. We do not recommend that. You can always carry a copy of your Arizona living will with you, or provide it to a doctor before a surgery.
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 should fill out a new living will form that supersedes the old one. To revoke it, you can destroy all copies of the document or fill out 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, most people generally do not need a lawyer to create a living will. However, 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.