Advance Healthcare Directives vs. Living Wills in Arizona
Planning for the future involves more than just financial decisions. Formally documenting your medical preferences in advance is not only a compassionate and responsible step, but it can also be essential if you’re ever unable to speak for yourself. In Arizona, you can accomplish this through legal tools known as advance healthcare directives and living wills.
While these documents are related, they are not the same. Understanding the difference between an advance directive vs. a living will is crucial to honoring your health care wishes and preparing so that your family members don’t have to make difficult decisions for you.
Starting the estate planning process? An experienced attorney from Brown & Hobkirk, PLLC can explain how an advance healthcare directive or a living will can serve as part of a comprehensive strategy to communicate your medical wishes and provide clarity for your loved ones and doctors. Call or contact us today for a free consultation.
Why Choose Our Attorneys to Draft Your Advance Healthcare Directive and Living Will?
For over 20 years, Brown & Hobkirk, PLLC has provided comprehensive estate planning services to individuals and families in Scottsdale, Phoenix, Chandler, Tucson, Peoria, and throughout Arizona. Our legal team can craft personalized estate planning documents designed to protect your assets, preserve your legacy, and leave you feeling confident that your affairs are in order.
Clients trust us to guide them through life’s many transitions. Ellen K. shares:
“Robert Hobkirk at Brown & Hobkirk, PLLC has been our attorney for years. He has seamlessly counseled my husband and I on establishing our trusts and planning for the future. His knowledge and expertise are unsurpassed. We found his fees fair and reasonable for all the time and dedication he has given us. We recommend him and his firm to family, friends, and clients.”
If you need an established law firm to help with advance care planning, we’re ready to assist. Reach out today to learn more.
What Is an Advance Healthcare Directive in Arizona?
Advance healthcare directives are legal documents that allow you to state your legal instructions regarding medical treatment and end-of-life measures you want taken if you are unable to make decisions yourself.
A healthcare directive is a generalized term for any number of legal documents that allow you to outline your wishes regarding medical care. In Arizona, an advance healthcare directive is also known as a health care power of attorney (POA). A health care POA authorizes a person (known as a health care agent or health care proxy) to make medical decisions for you if you become incapacitated.
Your health care proxy can:
- Consult with medical professionals about your condition
- Access your medical records
- Authorize medical orders or decline medical interventions
- Decide on long-term care options
- Ensure your preferences are respected
In Arizona, advance healthcare directives must be signed and either witnessed by an adult who is not related to you or notarized. You must also be mentally competent at the time of signing.
The directive only goes into effect when you cannot make your own healthcare decisions. As long as you can speak for yourself and are legally competent, you control your own medical decisions.
What Is a Living Will?
A living will is a written statement outlining your preferences for medical treatment if you’re permanently unconscious, terminally ill, or otherwise unable to communicate your wishes.
A living will in Arizona can specify:
- Whether you want life-sustaining treatments, such as life support, feeding tubes, or mechanical ventilation
- Your wishes regarding cardiopulmonary resuscitation (CPR)
- Pain management preferences
- Tissue and organ donation
- Other instructions regarding end-of-life care
Unlike advance healthcare directives, living wills do not designate someone to make medical decisions for you. It serves as a clear guide for medical personnel outlining what kind of care you do and do not want in critical situations.
Differences Between Advance Directives and Living Wills
When it comes to advance directives and living wills, there are some notable differences. Some of the most significant include:
- Purposes – Advance healthcare directives name a healthcare proxy who will make decisions for you if you’re incapacitated. A living will informs your loved ones and medical staff of your treatment preferences and end-of-life care wishes.
- Effective date – A healthcare directive becomes active if you ever become incapacitated, while a living will goes into effect if you’re suffering a terminal illness or irreversible condition.
- Flexibility – Healthcare proxies can adapt their decisions based on the situation, whereas the preferences outlined in a living will remain fixed unless the document is updated.
- Scope – Advance healthcare directives provide broad healthcare authority to your proxy, while a living will focuses solely on end-of-life decisions.
Should I Have Both?
An advance healthcare directive and a living will complement each other, together creating a more comprehensive expression of your end-of-life wishes in Arizona. While these documents have similar purposes, they fulfill different goals, and both can be critical if you’re unable to speak for yourself.
Your advance directive grants a trusted individual the legal authority to make health care decisions on your behalf, while a living will offers clear guidance to that person and your medical team about your treatment preferences. Including both documents in your estate plan can reduce confusion and minimize the emotional burden on your loved ones during a stressful time.
Choosing the Right Directive for Your Needs
Advance healthcare directives and living wills are not just for older people. Complications during surgery, an accident, or a serious illness could render you incapacitated at any moment. And if you’re like most people, you have a general idea about the types of treatment you would or wouldn’t want in a medical emergency. Advance directives add a layer of protection to reinforce the fulfillment of your wishes.
So, what is the “right” combination of documents for you? That depends on your healthcare concerns, family situation, and personal values.
Here are some considerations to help guide your decision:
- Advance healthcare directive/healthcare POA – People with strong religious or ethical beliefs may want to prioritize naming an agent to make decisions that reflect and uphold their values.
- Living will – Single individuals or those without close family may prioritize a living will so that their medical wishes are clear, even if they’re not prepared to designate a healthcare proxy.
- Both documents – Those with complex medical conditions can provide flexibility and clarity to their loved ones and healthcare providers with both a living will and an advance healthcare directive.
An Arizona estate planning lawyer can help you determine the most suitable structure for your needs and draft documents that comply with state laws.
Why Should I Work with an Estate Planning Attorney?
DIY documents for advance directives are available through the Arizona Attorney General’s Office.
However, every individual has unique circumstances, and a one-size-fits-all healthcare directive may not effectively address certain situations. Working with a seasoned estate planning attorney to create these documents offers:
Legal Validity
Drafting your own documents may result in something that’s not legally enforceable in Arizona. This can put your loved ones in a difficult position should you become incapacitated. Your attorney can create legally compliant documents that include proper signatures, witnessing, and notarization.
Personalization
Your attorney can tailor your documents to your individual medical concerns, family dynamics, and personal values. They can draft them using clear and precise language so that essential elements are not misunderstood.
Integration with Your Estate Plan
Advance directives and living wills should align with the other elements of your estate plan, such as your last will and testament, trusts, and powers of attorney. Contradictions can cause conflict and confusion among your loved ones. With the help of a skilled lawyer, your living will and advance directive can complement your overall estate plan for comprehensive clarity.
Contact an Estate Planning Attorney Today
If you’re interested in creating an advance healthcare directive, a living will, or both, the Arizona estate planning lawyers at Brown & Hobkirk, PLLC can help you develop a proactive plan for the future. Contact us today for your free consultation.