Imagine you are facing a serious medical emergency and you are unable to speak for yourself. Who will make decisions about your health care? What kind of treatments would you want—or not want? These are difficult questions, but answering them in advance can save your family from stress and uncertainty. In Arizona, you have the power to plan for these situations using two important legal documents. These are living wills and powers of attorney for health care.

Living Wills

A living will is a written statement that explains what kind of medical treatments you want or do not want if you become incapacitated. This means you can’t communicate or make decisions for yourself. It is not about distributing your property or handling finances—that’s a different document called a last will and testament. Living wills strictly deal with your medical wishes. These may be particularly about:

• Whether you want life-sustaining treatments, such as ventilators or feeding tubes, in case of a terminal illness or permanent unconsciousness.
• Preferences for pain management and comfort care.
• Decisions regarding resuscitation (CPR) and other life-saving measures.
• Organ and tissue donation preferences.

For example, let’s say you are in a coma with no reasonable chance of recovery, and your doctors are deciding whether to place you on a ventilator. If you have a living will that states you do not want to be kept alive by machines, your doctors must follow your instructions. Without a living will, your family may be left struggling to guess what you would have wanted. Worse, they might even disagree with each other, leading to potential legal battles.

In Arizona, living wills are governed by Arizona Revised Statutes (A.R.S.) § 36-3261. The law states that a living will is valid as long as it is signed by you and either notarized or witnessed by at least one person who is not directly involved in your care or entitled to any part of your estate.

Health Care Powers of Attorney

A health care power of attorney (HCPOA) is different from a living will. Instead of listing your medical treatment preferences, it allows you to name someone to make healthcare decisions for you if you cannot make them yourself. This person is called your agent, and they will have the authority to: 

• speak with doctors
• review medical records
• make choices about your care based on your wishes

Let’s say you are unconscious after a car accident. Your doctors need someone to approve emergency surgery, but you cannot give consent. If you have a health care power of attorney in place, your chosen agent—whether it’s your spouse, adult child, or a close friend—can step in and make decisions on your behalf. If you do not have one, Arizona law (A.R.S. § 36-3231) dictates that medical decisions will fall to a hierarchy of people. This starts with your spouse, then adult children, parents, and siblings. If no close relatives are available, a court may have to appoint a guardian, which can be a lengthy and costly process.

Your healthcare agent should be someone you trust completely. They should understand your values and be willing to follow your medical wishes, even if it is a difficult choice. It is also a good idea to discuss your preferences with them in advance so they feel confident making decisions on your behalf.

Differences Between a Living Will and a Health Care Power of Attorney

Many people choose to have both a Living Will and a Health Care Power of Attorney to ensure that their healthcare wishes are clearly documented and someone they trust is empowered to make decisions if needed.

Why You Need Both Documents

Many people assume that having one of these documents is enough, but that’s not always the case. Living wills outline your wishes for specific medical treatments, but it does not name someone to speak for you. On the other hand, a health care power of attorney gives an agent authority to make medical decisions but may not include detailed instructions about your care. Thus, having both ensures that your wishes are known and that someone you trust can act on your behalf if needed.

For instance, your living will might say that you do not want to be kept on life support if you are in a permanent vegetative state. However, if your doctors are unsure whether your condition is truly irreversible, your health care agent can talk to medical professionals and make the final decision based on your preferences.

How to Create a Living Will and Health Care Power of Attorney in Arizona

Creating these documents is easier than you might think. Arizona provides free forms through the Arizona Attorney General’s Office, which you can fill out and customize according to your preferences. You do not need a lawyer to create them, but consulting an attorney can help ensure that they are properly completed and legally valid.

To make them legally binding:

• You must be at least 18 years old and of sound mind.
• The documents must be signed in front of a notary public or one qualified witness who is not involved in your care or set to inherit anything from you.
• You should provide copies to your doctor, health care agent, and close family members.
• Consider registering your documents with the Arizona Health Care Directives Registry to ensure they are accessible in an emergency.

In Arizona, ensuring your healthcare preferences are honored involves creating legal documents known as advance directives. These include a Living Will and a Health Care Power of Attorney. Here’s how you can establish and manage these directives:

1. Obtaining the Necessary Forms

The Arizona Attorney General provides a comprehensive Life Care Planning Packet, which includes:

• Health Care Power of Attorney: Appoint someone to make healthcare decisions on your behalf.
• Living Will: Specify your medical treatment preferences in situations where you cannot communicate.
• Mental Health Care Power of Attorney: Designate an agent for mental health decisions.
• Prehospital Medical Care Directive (Do Not Resuscitate Order): Indicate your wishes regarding resuscitation efforts.

You can download this packet from the Arizona Attorney General’s website. 

2. Completing and Executing the Documents

To ensure your advance directives are legally valid in Arizona:

• Sign and Date: You must sign and date each document.
• Witness or Notary: Have your signature either notarized or witnessed by an adult who is not:
  • Related to you by blood, marriage, or adoption.
  • Entitled to any part of your estate.
  • Directly involved in your healthcare.

This ensures the authenticity and legality of your documents.

3. Distributing Your Advance Directives

After completing your documents:

• Provide Copies to Key Individuals:
  • Your appointed healthcare agent(s).
  • Primary care physician and any specialists involved in your care.
  • Close family members or friends who should be aware of your wishes.
• Register with the Arizona Healthcare Directives Registry (AzHDR):
  • AzHDR offers a secure online repository for your advance directives, ensuring they’re accessible to healthcare providers when needed.
  • To register:
    • Complete the AzHDR Registration Agreement.
    • Submit it along with your advance directives.
    • Ensure all documents are properly signed and notarized or witnessed.

Registration is free and helps ensure your directives are readily available to medical professionals. 

4. Reviewing and Updating Your Documents

Periodically review your advance directives, especially if:

• Your health status changes.
• You experience significant life events (e.g., marriage, divorce, birth of a child).
• Your designated agent becomes unable or unwilling to serve.

To update your directives:

• Complete new forms reflecting your current wishes.
• Distribute the updated documents to all relevant parties.
• Submit the revised directives to AzHDR to replace the previous versions.

Arizona-Specific Considerations

If you are in Arizona, here are some important points to keep in mind:

• Arizona law recognizes both Living Wills and Health Care Powers of Attorney.
• The Arizona Attorney General provides free advance directive forms, including a Living Will and HCPOA, on its website.
• You must be at least 18 years old and of sound mind to create these documents.
• Your HCPOA agent cannot be your healthcare provider unless they are a family member.
• Signing requirements: These documents generally need to be notarized or signed in the presence of a witness who is not a relative or involved in your healthcare.

Common Misconceptions

Some people believe that a living will means doctors won’t try to save them, but this is not true. A living will takes into effect if you are:

• terminally ill
• in a persistent vegetative state
• unable to make decisions

If you have a temporary condition, such as being unconscious for a few hours or days after surgery, your doctors will do everything necessary to treat you.

Others think that only older adults need these documents, but medical emergencies can happen at any age. Whether you are 25 or 75, having a plan in place ensures that your medical care is handled according to your wishes.

By preparing and properly executing your living will and health care power of attorney, you can have peace of mind knowing your healthcare preferences will be respected in Arizona.