Living Will

A Living Will, also known as an “advance health care directive,” “personal directive,” “advance directive,” or “advance decision,” is a legal document in which you delineate your philosophy about end-of-life issues and specify what actions should be taken regarding your health if you are no longer able to make decisions for yourself because of things like illness, aging, or incapacity. A Living Will can be used in conjunction with a Medical Power of Attorney.

A Living Will is technically not a “Will,” but rather a legally binding document in which the signee declares how he would like to be treated in case of a medical emergency. For instance, you may state in your living will that you do not want to be kept alive through artificial respirators. Arizona Living Will laws require a Living Will to be in writing, with clear intent, dated, signed by an adult and witnessed by at least one adult or a notary public. See A.R.S. § 36-3261.

The Statutory sample Living Will can be found at A.R.S. § 36-3262, and another sample (with instructions) can be found on the Arizona Attorney General’s website by Clicking Here.

A Living Will has significant legal consequences for the signee and his family. It should be executed carefully, in compliance with Arizona law. For assistance with preparing and executing your Living Will, please consult an attorney.

If you have questions regarding your Living Will, Elder Law or Estate Planning generally, whether transactional or litigation-based, please contact the attorneys at Giordano & Heckele, PLLC at (520) 433-9031 or [email protected]. Mention this web page for a FREE CONSULTATION.