A living will or advance directive allows your loved ones to follow your healthcare wishes at the end of your life. These tools relieve your family of making difficult decisions during an emotional time, as they will already know how to proceed. At Copper State Planning, we assist you in crafting a living will that reflects your personal needs and provides clear guidance to those who matter most. Contact our Phoenix law firm today to arrange a consultation and discuss your options. Call 480-442-6413.
What Are the Types of Advance Directives?
Advance healthcare directives in Arizona are a set of legal documents that guide your care if you are no longer able to communicate or make decisions. These may include:
Living Will
A living will set out your preferences for medical treatment and healthcare decisions in situations where you are unable to speak for yourself. It can specify your wishes regarding interventions like life-sustaining treatment and other medical procedures.
Healthcare Power of Attorney
This document appoints a trusted individual, called an agent, to make decisions on your behalf if you are unable to do so. Your healthcare power of attorney (also called a medical power of attorney) ensures that someone is legally empowered to make medical decisions on your behalf.
Mental Health Care Power of Attorney
In the event that you are unable to make decisions about your mental health care, this document gives your agent the authority to make choices related to behavioral health treatment or placement.
Prehospital Medical Care Directive (Do Not Resuscitate)
This medical order, commonly known as a DNR, instructs emergency personnel not to perform resuscitation efforts in the event of a life-threatening medical crisis. It must be signed by both you and a licensed healthcare professional.
Who Should Receive a Copy of Your Living Will or Advance Directives?
Once your living will and other advance directives are finalized, it’s essential to share them with the appropriate individuals. Here are a few steps you should take:
- Store the original document in a safe but easily accessible place.
- Ensure your agent or healthcare proxy knows where the document is stored and understands your wishes.
- Have open conversations with other family members to avoid misunderstandings.
- Carry a card in your wallet that indicates you have advance directives. Include your healthcare agent’s contact details and where copies of the documents can be found.
- Keep copies of your documents with you when traveling, and provide copies to your healthcare providers.
What Can Be Included in a Living Will?
A living will typically outline your preferences for various types of medical decisions, interventions, and end-of-life care preferences. Common scenarios you may address include:
- Mechanical Ventilation: You can specify whether you wish to be placed on a ventilator if you are unable to breathe on your own, and if so, for how long.
- Tube Feeding: Some individuals wish to receive nutrition through a feeding tube, while others may choose to forgo this intervention. Your living will can indicate your preference.
- Dialysis: If your kidneys fail, dialysis may be required to filter your blood. You can determine whether you want this treatment and under what circumstances.
- Antibiotics and Antivirals: You may choose to accept or decline aggressive treatments for infections if you are incapacitated.
- Palliative Care: This type of care focuses on comfort and pain relief rather than curing illness. You can specify whether you want pain management, hospice care, or avoidance of invasive procedures.
- Organ Donation: Your living will can also outline your wishes regarding donating your organs or tissues for medical research or transplant.
How Can You Change Your Living Will?
If you are still capable of making decisions, you can update or revoke your living will at any time. It’s best to work with an attorney to ensure that your changes are legally documented and witnessed. A new living will should be notarized or witnessed by two people, ensuring that it meets all state-specific legal requirements.
How Often Should You Review or Update Your Living Will?
It is advisable to review your living will, financially durable power of attorney, power of attorney for healthcare, and other advance directives every 5 years or whenever significant life changes occur, such as marriage, divorce, or a new medical diagnosis. Another reason to update your documents is if your attorney-in-fact is no longer suitable or available. Regularly reviewing your documents ensures that they remain aligned with your current wishes.
Do You Need a Lawyer to Create a Living Will?
While you are not required by law to hire an attorney to create a living will, having professional assistance can ensure your advance care planning documents are properly drafted and comply with state laws. This helps avoid potential challenges to your directives and provides peace of mind that your wishes will be followed by your caregivers. A lawyer will also help with the execution of your living will and other documents, providing you with a notary and witnesses.
What About a MOLST or POLST?
In Arizona, a POLST (Physician Orders for Life-Sustaining Treatment) is a critical document for those with a terminal illness or a terminal condition. Unlike traditional advance directive forms, a POLST is a medical order that outlines specific treatment preferences and is signed by both a patient and their physician. It is designed for individuals who are seriously ill or at the end of life and helps ensure that their decision-making regarding care is followed by medical professionals. A POLST can cover preferences for comfort care, use of resuscitation measures, or even a DNR order, and is immediately actionable by health care providers in emergencies.
The POLST is distinct from other advance directive forms like a health care power of attorney because it is a direct set of physician orders that address specific treatment decisions based on the patient’s current medical situation. The form can also specify choices such as tissue donation and outline preferences for the type of care the individual wants to receive in their final days. According to the National Hospice and Palliative Care Organization, this document ensures that the patient’s own decisions are respected and honored by their care team. It works alongside other directives, providing a comprehensive guide for medical professionals to follow in urgent situations.
Phoenix Living Wills and Advance Directives Attorneys at Your Service
By addressing these important matters now, you can relieve your loved ones of unnecessary confusion and give them clear guidance about your care. A properly executed living will and other advance directives will provide both legal and emotional support to help them honor your wishes.
At Copper State Planning, we are committed to providing personalized estate planning services. Whether your estate is large or small, we take the time to understand your goals and draft legal documents that reflect your specific preferences. Contact us today at 480-442-6413 to schedule an initial consultation. We look forward to helping you create a plan that provides peace of mind for you and your family.
