What a Living Will Can Do
A living will puts you in control of your medical treatment decisions. It applies even when you can no longer speak for yourself.
You can use a living will in three ways. First, as part of a health care power of attorney. Second, as a standalone document instead of one. Third, as a tool to disqualify a surrogate who would otherwise make decisions for you.
An adult may prepare a written statement known as a living will to control the health care treatment decisions that can be made on that person's behalf. The person may use the living will as part of or instead of a health care power of attorney or to disqualify a surrogate.
A.R.S. § 36-3261(A)That last option is important and often overlooked. You may not want a particular family member making your medical decisions under the surrogate priority rules of A.R.S. 36-3231. A living will gives you the power to disqualify them.
Your written instructions take priority.
Verification and Legal Requirements
If your living will is part of a health care power of attorney, the signing requirements of that document already cover it. But if it stands alone, you must verify it the same way.
This means signing it in front of one qualified witness or a notary public. A.R.S. 36-3221 sets this requirement.
If the living will is not part of a health care power of attorney, the person shall verify his living will in the same manner as prescribed by section 36-3221.
A.R.S. § 36-3261(B)A medical professional who relies on a genuine living will in good faith receives protection from criminal and civil liability. This encourages providers to follow your documented wishes without fear.
A living will is one of the most important estate planning documents you can create. It works alongside a healthcare power of attorney and a prehospital medical care directive to ensure your wishes are followed.
Without a living will, the people making decisions for you may not know what you want. Putting your preferences in writing removes guesswork for your family and medical team.