State Law - According to Arizona revised Statute, an adult may prepare a written statement living will to control health care treatment decisions
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LIVING WILL
According to Arizona revised Statute, 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. You may use the Living Will in addition to or instead of a Health Care Power of Attorney in your advance health care directive.
We provide you with a choice of purchasing the Living Will, the Health Care Power of Attorney, and the Springing Power of Attorney for Property and Finance forms in one package; or, you may purchase one (or all) of these forms separately.
Before you start working on your health care directive you need to know the following important definitions:
A declarant is a person who has executed a Living Will.
Persistent vegetative state is a state of severe mental impairment in which only involuntary bodily functions are present and for which there exists no reasonable expectation of regaining significant cognitive function.
Terminal condition is an incurable condition caused by disease, illness, or injury which, regardless of the application of life-sustaining procedures, would produce death. To establish that a declarant is in a terminal condition, two physicians, one of whom must be the attending physician, who, after personally examining the declarant, certify in writing, based upon conditions found during the course of their examination, that there is no reasonable expectation for improvement in the condition of the declarant; and that death of the declarant from these conditions will occur as a result of such disease, illness, or injury.
Witness requirements: A Living Will must be signed by the declarant in the presence of at least two competent adults who, at the time of the execution of the Living Will, to the best of their knowledge:
- Are not related to the declarant by blood or marriage;
- Would not be entitled to any portion of the estate of the declarant upon the declarant's decease under any testamentary will of the declarant, or codicil thereto, and would not be entitled to any portion by operation of law under the rules of descent and distribution of this state at the time of the execution of the Living Will;
- Are neither the attending physician nor an employee of the attending physician nor an employee of the hospital or skilled nursing facility in which the declarant is a patient;
- Are not directly financially responsible for the declarant's medical care; and
- Do not have a claim against any portion of the estate of the declarant.
The declaration must be a separate and self-contained document. Any declaration which constitutes an expression of the declarant's intent shall be honored, regardless of the form used or when executed. A declaration similar to the statutory form is presumed on its face to be valid and effective.
DURABLE HEALTH CARE POWER OF ATTORNEY
The issuance of a Durable Health Care Power of Attorney (the Arizona Health Care Power of Attorney) is regulated by AZ Revised Statute paragraph 36-3221.
Use a Durable Health Care Power of Attorney form if you want to designate a person to make future health care decisions for you so that if you become too ill or can not make those decisions for yourself the person you choose and trust can make medical decisions for you.
Do not sign this form until your witnesses OR a Notary Public is present to witness the signing.
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To better understand the health care and pecuniary related issues our legal articles, frequently asked questions, facts and other law related information may be of interest to you.
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