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Overview

In the state of Arizona, individuals have the means to communicate their healthcare preferences through the Arizona Living Will form. This important document allows a person to outline their wishes regarding medical treatment in instances where they are no longer able to make decisions for themselves due to severe illness or incapacity. By completing this form, one can specify whether they want to receive life-sustaining treatments, including artificial life support, or refuse such treatments under certain conditions. The form also provides an opportunity for individuals to express their preferences about organ donation, pain management, and other critical medical procedures. Ensuring that these wishes are documented well in advance supports healthcare professionals and loved ones in making decisions that align with the individual's values and desires when the person cannot communicate them. It is a key component of end-of-life planning that safeguards personal autonomy by ensuring that one's healthcare choices are respected and followed.

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Arizona Living Will Template

This Arizona Living Will complies with Title 36, Chapter 32 of the Arizona Revised Statutes, which is specific to the state of Arizona and its guidelines on health care directives.

Please fill in the following information to complete your Arizona Living Will:

Full Legal Name: ___________________________________________________

Date of Birth: ___________________________________________________

Address: ___________________________________________________

City/Town: ___________________________________________________

State: Arizona

Zip Code: ___________________________________________________

Telephone Number: ___________________________________________________

Email Address (Optional): ___________________________________________________

Health Care Directives

In the event that I am incapacitated and cannot communicate my health care wishes, I direct that:

  1. My health care providers shall prolong my life as long as possible within the limits of generally accepted health care standards.
  2. In the case that I am in a coma or vegetative state with no reasonable chance of recovery, as determined by two independent physicians, I do or do not want life-sustaining treatment to be provided or continued.
  3. I do or do not want to receive food and water (nutrition and hydration) artificially provided.
  4. In the event of a terminal condition, I do or do not want to receive treatment that only serves to delay the moment of death.

Additional Instructions

Please provide any additional instructions or health care wishes you have not previously specified:

______________________________________________________________________________

______________________________________________________________________________

Designation of Health Care Agent

If I am unable to communicate my health care decisions, I designate the following person as my Health Care Agent:

Name: ___________________________________________________

Relationship: ___________________________________________________

Address: ___________________________________________________

Telephone Number: ___________________________________________________

This designation revokes any previous designations of a health care agent.

Signature

To ensure the validity of this document, please provide the following:

Date: ___________________________________________________

Signature: ___________________________________________________

Printed Name: ___________________________________________________

Witness Statement

This Living Will was signed in my presence and the principal appeared to be of sound mind and free from duress.

Witness Name: ___________________________________________________

Witness Address: ___________________________________________________

Date: ___________________________________________________

Witness Signature: ___________________________________________________

PDF Form Data

Fact Name Description
Purpose An Arizona Living Will allows an individual to outline their healthcare preferences, particularly regarding life-sustaining treatment, in the event they are unable to communicate their decisions due to illness or incapacity.
Governing Law This form is governed by Arizona Revised Statutes, Title 36, Chapter 32, specifically ARS §§ 36-3201 to 36-3291, which outline the legal requirements and procedures for living wills in Arizona.
Requirements To be legally valid, the living will must be signed by the declarant (the person making the document) in the presence of either one witness or a notary public, who must also sign the document. The witness cannot be the agent appointed by the healthcare power of attorney, nor related to the declarant by blood, marriage, or adoption.
Revocation The declarant may revoke their Arizona Living Will at any time and in any manner that communicates the intent to revoke, without requiring a formal process. The revocation becomes effective once it is communicated to the attending physician or healthcare provider.

Instructions on Writing Arizona Living Will

The Arizona Living Will is a legal document that allows individuals to outline their wishes regarding medical treatment in situations where they are no longer able to communicate their preferences directly. This vital document ensures that healthcare providers and loved ones understand the individual's desires for end-of-life care, relieving them from the burden of making those difficult decisions. To accurately complete an Arizona Living Will, follow these step-by-step instructions, ensuring that all information is clear, precise, and reflective of your wishes.

  1. Begin by clearly printing your full name at the top of the form to establish ownership of the Living Will.
  2. Specify your preferences for receiving life-sustaining treatment if you are in a terminal condition, persistent vegetative state, or irreversible coma. Indicate whether you wish to receive treatments that could extend your life, such as mechanical ventilation, tube feeding, or other medical interventions.
  3. Detail your wishes regarding the use of life-sustaining treatment if you have an end-stage condition, a condition that will require assistance from life-sustaining technology to survive, or if you are unlikely to recover without such interventions.
  4. Consider whether or not you wish to receive artificial nutrition and hydration, such as feeding tubes or IV fluids, if you are unable to take food or water by mouth. State your preferences clearly.
  5. Include specific instructions about pain relief and comfort care. Emphasize the importance of being comfortable, even if such measures may hasten your death.
  6. Appoint a healthcare power of attorney if you have not done so already. This should be someone you trust to make healthcare decisions on your behalf if you're unable to do so. Provide their full name, relationship to you, and contact information.
  7. Review the document for accuracy and completeness. Ensure that it reflects your true wishes regarding end-of-life care.
  8. Sign and date the form in the presence of a witness or a notary public. The witness or notary must also sign the form, validating the document. Note that the witness cannot be someone who is directly involved in your healthcare or who stands to inherit anything from your estate.
  9. Distribute copies of the completed form to your healthcare power of attorney, primary physician, and any other healthcare providers you see regularly. Keep the original document in a safe but accessible place.

Completing an Arizona Living Will is a proactive step in managing your healthcare preferences. This document provides clear guidance to loved ones and healthcare providers, ensuring that your wishes are honored, and offering peace of mind to all involved. By following these steps, you can create a Living Will that accurately reflects your desires.

Listed Questions and Answers

What is a Living Will form in Arizona?

A Living Will form in Arizona, also known as an "Advance Directive," is a legal document that allows individuals to outline their preferences regarding medical treatment in the event they become incapacitated and cannot communicate their wishes themselves. This can include instructions on the use of life-sustaining treatment, artificial hydration and nutrition, and other medical interventions.

Who should have a Living Will in Arizona?

Any adult in Arizona who wishes to have control over their medical treatment in situations where they cannot make decisions for themselves should consider creating a Living Will. It is especially important for those with strong preferences about end-of-life care or those with serious health conditions to have a Living Will in place.

How can someone create a Living Will in Arizona?

To create a Living Will in Arizona, an individual must complete the Living Will form, ensuring it meets state requirements for validity. This typically includes having the document witnessed or notarized. Arizona law may have specific stipulations regarding who can act as a witness or notary. Once completed, it's wise to discuss the document with family members and health care providers, and copies should be accessible in case they are needed.

Is a lawyer required to create a Living Will in Arizona?

No, a lawyer is not required to create a Living Will in Arizona. However, consulting with a lawyer can be beneficial to ensure that the document accurately reflects one's wishes and complies with Arizona law. A legal professional can also advise on any changes in legislation that may affect the document's validity.

What happens if someone does not have a Living Will in Arizona?

If someone in Arizona does not have a Living Will and becomes unable to make medical decisions for themselves, health care providers will generally turn to family members to make those decisions. This can lead to family disputes and may result in decisions that are not in line with the individual's preferences. Having a Living Will in place provides a clear guide to health care providers and family members about the individual's wishes, helping to avoid these difficulties.

Common mistakes

Filling out a living will form is a vital step in ensuring that your healthcare wishes are honored. When completing the Arizona Living Will form, it's important to avoid common mistakes that could potentially undermine its effectiveness. By paying attention to the following missteps, you can ensure that your living will reflects your true intentions and can be easily implemented by your healthcare providers and loved ones.

  1. Not using the correct form for Arizona, which leads to inconsistency with state-specific requirements. Each state has its specific guidelines and laws around living wills. Arizona residents should ensure they're using the form tailored to Arizona's legal standards.

  2. Failing to provide clear and specific instructions regarding medical treatments. Vague statements can lead to confusion and interpretation issues during critical moments.

  3. Omitting to update the document to reflect current wishes. As life circumstances change, your healthcare preferences might also evolve. Regularly reviewing and updating your living will ensures that it always reflects your current wishes.

  4. Not discussing the content of the living will with healthcare providers. It's crucial that your doctors understand your wishes so they can advocate for your preferences in your care.

  5. Forgetting to sign and date the document in the presence of the required witnesses. In Arizona, a living will must be witnessed by an appropriate number of adults who are not related to you, to be considered valid.

  6. Choosing an inappropriate person as a healthcare power of attorney, who doesn't understand your wishes or who might not be available when decisions need to be made on your behalf.

  7. Not distributing copies of the living will to appropriate parties. Family members, healthcare proxies, and healthcare providers should have copies to ensure your wishes are honored.

  8. Including instructions that conflict with other legal documents, such as a healthcare power of attorney or DNR (Do Not Resuscitate) orders. Ensuring all documents are consistent with one another is key.

  9. Failing to notarize the document if required. While not all states require notarization, verifying whether Arizona does and adhering to that requirement is important.

  10. Keeping the living will in a location where it cannot be easily found. If healthcare providers and loved ones cannot locate your living will, your healthcare wishes may not be carried out as you intended.

To avoid these common mistakes, it's advised to consult with a professional who can provide guidance tailored to Arizona's laws. This ensures that your living will is both legally sound and fully reflective of your healthcare preferences.

Documents used along the form

When setting up an Arizona Living Will, it's common to encounter several other documents that can be crucial for comprehensive estate planning and healthcare decision-making. These forms work together with the living will to ensure that a person's preferences are respected and effectively communicated to both family members and healthcare providers. Below is a list of some of these essential documents that often accompany a living will.

  • Healthcare Power of Attorney: This document allows an individual to appoint another person, known as a healthcare agent, to make healthcare decisions on their behalf if they become incapacitated and unable to convey their wishes.
  • Mental Healthcare Power of Attorney: Specifically focusing on mental health decisions, this document designates a representative to make choices about mental health care, including the approval or refusal of treatments, if the principal is found to be incapable.
  • Durable Financial Power of Attorney: This allows someone to designate an agent to handle their financial affairs, including managing bank accounts, paying bills, and making investment decisions, should they become incapacitated.
  • Living Trust: A living trust is a document that allows an individual to transfer their assets into a trust for the benefit of beneficiaries. This can help manage the person’s assets during their lifetime and distribute the remaining assets upon their death, often bypassing the need for probate.
  • Do Not Resuscitate (DNR) Order: A medical order signed by a physician instructing healthcare providers not to perform cardiopulmonary resuscitation (CPR) in the event of cardiac or respiratory arrest. This is typically for individuals with serious illnesses or those at the end of life who prefer not to have lifesaving measures taken.

Collectively, these documents empower individuals to have control over their personal, healthcare, and financial decisions, even when they are no longer able to make these decisions themselves. It’s advisable to consult with legal professionals when preparing these documents to ensure they accurately reflect your wishes and are executed according to Arizona law.

Similar forms

A Durable Power of Attorney for Health Care is a document that designates an individual to make healthcare decisions on another person's behalf if they become unable to do so. Similar to an Arizona Living Will, it allows a person to outline their preferences for medical treatment. However, it goes further by appointing a specific person to ensure those preferences are observed, providing a human element that translates the document's instructions into action, in contrast to the Living Will's solitary reliance on written directives.

A Medical Power of Attorney shares similarities with an Arizona Living Will by allowing an individual to designate a trusted agent to make healthcare decisions for them if they are incapacitated. Both documents focus on healthcare decisions during periods of incapacity, but the Medical Power of Attorney focuses specifically on the appointment of a decision-maker, whereas the Living Will tends to emphasize the types of medical interventions an individual wishes to avoid or receive.

An Advance Healthcare Directive can be similar to a Living Will, as it combines elements of both the Durable Power of Attorney for Health Care and a Living Will. It allows an individual to lay out specific healthcare preferences and appoint a healthcare proxy to make decisions if they're incapacitated. This comprehensive document ensures both the person's medical wishes are clearly stated and that someone is designated to advocate for those wishes, offering a broad scope similar to that of the Living Will.

A Do Not Resuscitate (DNR) Order is a medical order that tells healthcare professionals not to perform CPR if a patient's breathing stops or if the heart stops beating. It's similar to a Living Will in that it is a direct instruction regarding a specific medical intervention. Both documents are proactive measures to control one's medical treatment, but the Living Will covers a broader range of interventions beyond the scope of CPR and respiratory support.

A Health Insurance Portability and Accountability Act (HIPAA) Release Form authorizes healthcare providers to disclose personal health information to designated third parties. While not a directive about end-of-life care, it parallels the Arizona Living Will in its focus on personal healthcare management. By enabling the sharing of important health information, it supports the implementation of the person's healthcare wishes, as outlined in a Living Will, by ensuring that all relevant parties have access to necessary information.

A Mental Health Power of Attorney allows an individual to designate an agent to make decisions about their mental health care if they become incapacitated. It is similar to a Living Will because it deals with a specific aspect of healthcare decision-making in the event of incapacity. While a Living Will typically addresses broader healthcare issues, a Mental Health Power of Attorney specifically focuses on psychiatric treatment, reflecting the personalized nature of healthcare directives.

A POLST (Physician Orders for Life-Sustaining Treatment) form is a medical order that specifies the types of life-sustaining treatment a patient wishes to receive towards the end of their life. Like a Living Will, a POLST form is created in anticipation of a situation where the patient is unable to make their own healthcare decisions. Both documents are designed to guide healthcare professionals in treatment decisions, but the POLST is used in more immediate and specific medical situations, reflecting a patient's wishes based on their current health condition.

Dos and Don'ts

Filling out the Arizona Living Will form is an important step in making your healthcare wishes known. To ensure that your living will is both legally valid and accurately reflects your desires, here are some essential dos and don'ts.

Do:
  • Read the form thoroughly before filling it out. Understanding every section ensures that your responses accurately reflect your wishes.

  • Be specific about your healthcare preferences. Detailing your wishes regarding life-sustaining treatments and other medical procedures can guide your healthcare providers and loved ones in making decisions that align with your values.

  • Consult with a healthcare provider. A conversation with a doctor can clarify the medical implications of your choices and ensure you're making informed decisions.

  • Discuss your decisions with close family members or friends. Sharing your wishes with loved ones can help prevent confusion and conflict later on.

  • Sign and date the form in the presence of a notary or two witnesses, as required by Arizona law, to ensure that your living will is legally binding.

  • Keep the original copy in a safe but accessible place, and provide copies to your family, healthcare proxy, and doctor.

Don't:
  • Leave any sections incomplete. An incomplete form may lead to uncertainty about your wishes and could potentially make the document invalid.

  • Use vague language. Ambiguous statements can lead to interpretations that might not align with your true intentions.

  • Overlook updates. Review and update your living will periodically, especially after significant life changes, to ensure it still reflects your current wishes.

  • Forget to discuss your wishes with your healthcare proxy, if you have designated one. Your proxy should understand your preferences clearly to advocate effectively on your behalf.

  • Rely solely on verbal instructions. Verbal wishes are more difficult to enforce and can be forgotten or misinterpreted over time.

  • Assume family members will agree with your choices or know what you want without having a documented living will. Clear, written instructions can alleviate burden and uncertainty during difficult times.

Misconceptions

When it comes to preparing for the future, understanding legal documents is crucial. One such document, the Arizona Living Will, is often surrounded by misconceptions. Clarifying these misunderstandings is essential for individuals making informed decisions regarding their healthcare and end-of-life wishes.

  • Only the elderly need a Living Will. Many believe that Living Wills are only necessary for older adults, but unexpected medical situations can occur at any age. A Living Will allows individuals to express their wishes regarding medical treatment, regardless of their age.

  • A Living Will is the same as a Last Will and Testament. This is incorrect. A Living Will specifically addresses an individual's preferences for medical treatment if they are unable to make decisions for themselves. In contrast, a Last Will and Testament deals with the distribution of an individual's assets after their death.

  • Having a Living Will means you won’t receive any medical treatment. Some people mistakenly believe that a Living Will is a directive to refuse all medical treatments. However, it actually allows individuals to specify the types of life-sustaining treatments they would want or not want, such as artificial feeding or breathing machines.

  • You need a lawyer to create a Living Will. While legal consultation can be helpful, it is not a requirement for creating a Living Will in Arizona. Resources are available to help individuals draft their own Living Wills, ensuring their healthcare wishes are known and respected.

  • A Living Will is difficult to change. Some people hesitate to create a Living Will, fearing that once it is made, it cannot be altered. However, a Living Will can be revised or revoked at any time by the person who created it, as long as they are mentally competent to do so.

  • If you’re young and healthy, a Living Will is unnecessary. Thinking that a Living Will is only for those who are currently facing health issues overlooks situations like accidents or sudden severe illness. A Living Will ensures that an individual’s healthcare preferences are known, even if they are currently healthy.

  • A Living Will takes away family’s decision-making power. People often fear that by creating a Living Will, they are stripping decision-making powers from their family members. On the contrary, a Living Will provides clear guidance to loved ones and healthcare providers about the individual’s wishes, reducing the burden on family members to make difficult decisions during stressful times.

  • A Living Will is only legally binding in the state where it was created. While it's true that laws vary by state, Arizona Living Wills are generally recognized in other states. However, it is advisable for individuals to review their Living Wills if they relocate, to ensure their document complies with local laws and is as effective as possible.

Understanding the actual implications of a Arizona Living Will helps ensure that individuals can make informed decisions about their healthcare, alleviating unnecessary stress for themselves and their loved ones. It empowers individuals to have a say in their medical treatment, according to their values and preferences.

Key takeaways

The Arizona Living Will form is an essential document that allows individuals to outline their preferences regarding medical treatment in the event they become incapacitated. Understanding the key components and legal requirements of this document can ensure your wishes are respected. Here are the crucial takeaways to consider:

  • The Arizona Living Will form is legally binding, meaning healthcare providers must adhere to the preferences you express, as long as they comply with Arizona laws.
  • Before filling out the form, it's important to reflect deeply on your values and medical treatment preferences. This could involve discussions with family members, your healthcare providers, or a spiritual advisor to help clarify your wishes.
  • Completing the form requires clear communication of your treatment preferences, including decisions about life-sustaining treatments and other medical interventions you would or would not like to undergo.
  • It's mandatory to have the Living Will witnessed or notarized to validate your identity and ensure the document is legally enforceable. Arizona law has specific requirements regarding who may or may not serve as a witness.
  • The form should be reviewed regularly and updated if your health status or treatment preferences change. Life events such as marriage, divorce, the birth of a child, or a significant change in health condition are good times to review your Living Will.
  • Inform your family, close friends, and healthcare providers about your Living Will. Providing copies to these individuals and your primary care physician ensures that your medical treatment preferences are well-known and can be easily accessed when needed.
  • There's no requirement to use an attorney to complete a Living Will in Arizona, but consulting with a legal professional experienced in estate planning can provide clarity and peace of mind, ensuring all aspects of your wishes are accurately documented.
  • Keep the original document in a secure, yet accessible place. Safe deposit boxes may not be the best choice since accessing them can be difficult outside of banking hours or without prior authorization.
  • In the event you decide to revoke your Living Will, it must be done in a clear and unequivocal manner. Destroying the original document and informing all previously notified persons and institutions of the revocation is recommended.

By adhering to these guidelines, you can complete an Arizona Living Will that accurately reflects your healthcare preferences, ensuring your wishes are honored during critical moments. It's not only a step in planning for your future medical care but also a gift of peace of mind to yourself and your loved ones.

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