How to File a Living Will in Arizona

While not a new legal document, living wills are gaining a foothold and individuals in Arizona are beginning to understand the importance of filing these legal documents. A living will is a document that is filed while an individual is still in good health and is able to communicate what measures they’d like taken in the event they become unable to care for themselves or voice what their medical wishes are.

Because living wills are important documents, it is crucial that they are not only filed properly but should be checked by an attorney to make certain it is filed legally.

Any individual who lives in Arizona can create a living will as long as he or she meets the legal requirements which include, the person putting together the will must be an adult and the will must be created in writing. The wishes of the individuals must be clearly spelled out and the document must be signed, dated and witnessed by a notary public.

When it comes to the healthcare providers’ responsibility as it relates to a living will, the terms are spelled out in Arizona’s Revised Statutes section 36-3204. Physicians are protected from any liability for having administered or denied treatment as long as the stipulations of the living will were followed. Physicians are protected under law as well from having to deny or administer treatments that go against their ethical codes but in that instance they must arrange to transfer the patient to a doctor that will abide by the provisions of the patients’ living will.

The individual who pens the living will can also designate a healthcare proxy – a healthcare surrogate – to act on his or her behalf. The proxy acts on behalf of the patient in the event he or she is unable to speak on his or her own behalf.

A living will is not written in stone and the individual who created it can revoke it at any time. The revocation of the living will must be done in person and needs to be notarized and witnessed. The patients’ physician must also be notified of the revocation as should all other individuals involved in the living will.

Many people opt for living wills to relieve the burden from their family of having to make tough decisions at the time the patient is incapacitated and it relieves the burden from them of having to wonder what exactly their loved one would have wanted.

Need Help?

If you are not sure as to what legal document you currently have contact one of our professionals to help you with your estate planning. They will make sure you have all of your grounds covered and have the right legal documents that best suite your wants and needs.