A Living Will Can Prevent Indecision During A Health Crisis
A time may come when you are unconscious and doctors and family members will need to make difficult decisions about your health care. Should you be resuscitated? Should your life be prolonged through artificial methods? Should you be given surgery, blood transfusions, a feeding tube, or other drastic therapeutic interventions?
However unpleasant it may be to imagine a future time of crisis, we need to be realistic and understand that many families face agonizing scenarios of these types.
What If You Have No Living Will And No Way To Communicate?
Without your clear instructions, family members may argue among themselves about what you would want. Doctors and family members may be at odds. Health care providers may order costly tests or procedures that you would not want if you could speak up.
Is there a better way? Yes. A living will allows you to spell out ahead of time your preferences for medical treatments if you are unable to express your wishes. A living will can be the most loving gift you can prepare for your family before it is ever needed.
A living will (also called an advance directive) may work together with a health care power of attorney, but they are not the same thing. Your living will can specify what kinds of treatments you would want or not want. (See our “Estate Planning FAQ” page for more discussion on living wills.) A health care power of attorney names a person who will have the ability to ask for or refuse medical interventions. The living will can help a designated person make informed decisions without regrets.
Arizona-Specific Legal Requirements For Advance Directives
Arizona law sets specific standards for creating valid advance directives so that health care providers can rely on your expressed wishes. Properly executed documents help ensure that your preferences are followed when you cannot speak for yourself.
A living will must be signed by the principal and witnessed by a qualified adult or notarized. The witness cannot be involved in your medical care, entitled to any portion of your estate or named as your agent. This is to help prevent conflicts of interest and support document reliability. Notarization is optional but can strengthen the document and reduce the risk of challenges.
A health care power of attorney must also be signed and either witnessed by one qualified adult or notarized. The same witness restrictions apply, and the named agent cannot serve as a witness. Arizona permits either method, but many individuals choose notarization for added formality. The document must clearly identify the principal, the agent and the authority granted.
Revoking Or Modifying Advance Directives In Arizona
In Arizona, you can revoke or change your advance directives at any time as long as you have the capacity to make informed decisions. This helps facilitate documents that always reflect changes in your health needs or personal relationships.
A directive may be revoked through a written statement, by physically destroying the document or by creating a new directive that replaces the prior version. Verbal revocation is recognized if communicated to a health care provider, who must document the statement in your medical record. Certain events, like a divorce, may automatically revoke provisions naming a former spouse unless the directive states otherwise.
After making any changes, it is important to notify your health care providers, family members and appointed agents to prevent confusion.
The Role Of A Health Care Power Of Attorney Agent
An Arizona health care agent is responsible for making medical decisions when the principal is unable to communicate or understand their treatment options. This authority becomes active only after a physician determines that the principal lacks decision-making capacity.
The agent may be asked to consent to or decline treatments, choose health care facilities, review medical records or coordinate with specialists. Their authority is broad but must be consistent with the principal’s stated wishes and any limitations in the document. Clear communication before a crisis helps the agent follow the principal’s values and care preferences.
Request A Consultation To Discuss Your Options
Bogutz & Gordon, PC, is well-equipped to help you create a living will. We believe in clear communication with clients considering living wills. If we handle your estate planning, we pledge to listen well and explain things clearly. We will never pressure you to pay for more estate planning services than you want to spend.
Explore ways to pave the way for future decisions about health care when you are unable to speak up. Call 520-321-9700.