What a Living Will Can Do
A living will puts you in control of your medical treatment decisions, even when you can no longer speak for yourself. This statute establishes three distinct ways you can use one: as part of a health care power of attorney, as a standalone document instead of a power of attorney, or as a tool to disqualify a surrogate decision maker.
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. If you do 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 Requirements
If your living will is part of a health care power of attorney, it is already covered by the signing requirements of that document. But if it stands alone, you must verify it the same way: by signing it in front of either one qualified witness or a notary public, as required by A.R.S. 36-3221.
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)Healthcare providers who rely on an apparently genuine living will in good faith are protected from both criminal and civil liability. This encourages providers to follow your documented wishes without fear of legal consequences, which is exactly what you want when you take the time to put your preferences in writing.
