LIVING WILLS ATTORNEY

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Living Wills in Arizona
Our Arizona Estate Planning Lawyers take a look at Living Wills and the Arizona requirements when creating a living will and the rules when revoking a Living Will in Arizona. 

Estate planning isn’t just about deciding who will get your assets when you die. You can also use the process to tell your doctors and loved ones how you would like certain issues to be addressed if you are ever in a medical condition that doesn’t allow you to articulate those wishes yourself. If you do use a living will, it’s important that your living will is valid under Arizona law. If you need assistance with any aspect of your estate planning, call or use our online form to schedule a time to speak with one of our experienced attorneys.

FREQUENTLY ASKED LIVING WILL QUESTIONS

Mesa Living Will Attorney answer:

You can use your living will to decide whether or not to participate in life-sustaining medical treatments like tube feeding and hydration, CPR, electric shock, dialysis, ventilation, etc. This doesn’t include comfort care and pain alleviation care. You can include hospice care and final location preferences, as well as your burial preferences.

CONTACT A MESA LIVING WILL ATTORNEY

(480) 833-8000

Mesa Living Will Attorney answer:

Arizona recognizes living wills made in other states, as long as it was valid in the state where it was created and doesn’t conflict with Arizona’s criminal laws.

CONTACT A MESA LIVING WILL ATTORNEY

(480) 833-8000

Mesa Living Will Attorney answer:

Many states will recognize the validity of a living will created in Arizona, but you should confirm that with the laws or an attorney in that state.

CONTACT A MESA LIVING WILL ATTORNEY

(480) 833-8000

Mesa Living Will Attorney answer:

If your doctor is unwilling to fulfill the terms of your living will, they must transfer you to a doctor who will.

CONTACT A MESA LIVING WILL ATTORNEY

(480) 833-8000

Mesa Living Will Attorney answer:

Generally, anyone who is at least 18 years old and of sound mind can serve as a witness to a living will. However, using someone who doesn’t benefit from your estate reduces the risk of your living will’s validity being disputed.

CONTACT A MESA LIVING WILL ATTORNEY

(480) 833-8000

Mesa Living Will Attorney answer:

You can write in any of your own factors for quality of life, but there are a few that are common in Arizona. The most common is if you are in a coma, persistent vegetative state, or are otherwise unconscious. Other common factors are if you can recognize your loved ones, if you can communicate your wants and needs, and if you are entirely or almost entirely dependent on others. Women may include a clause that if they are pregnant, to continue life sustaining treatment if/until the embryo or fetus has a chance of surviving a live birth.

CONTACT A MESA LIVING WILL ATTORNEY

(480) 833-8000

Mesa Living Will Attorney answer:

Your doctor will have civil and criminal immunity for complying with the terms in your living will.

CONTACT A MESA LIVING WILL ATTORNEY

(480) 833-8000

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ARIZONA LIVING WILL REQUIREMENTS

While the requirements for a living will are usually similar, each state has its own laws regarding the creation of a valid living will. In Arizona, these requirements include:
  1. The person making the living will is at least 18 years of age and of sound mind;

  2. The living will is in writing;

  3. Also, the language in the document clearly indicates that it is meant to create a living will;

  4. The living will is dated;

  5. Plus, the living will is signed;

  6. And. the living will is witnessed or notarized. 

Living will attorney in Arizona infographic

Living Will Revocation

There may come a time when you wish to revoke, or cancel, your living will. Each state has its own requirements to revoke a living will. In Arizona, there are a few ways to do this. One way is by committing a revocatory act. This is an act performed by that person (not their attorney or someone else on their behalf) meant to revoke or destroy the living will. This can mean tearing, burning, shredding, or destroying the will in any way you can imagine. If some words remain on your living will after a revocatory act, the living will is still considered revoked.

You can also revoke a previous living will by making a new living will. Your new living will, can state that you “revoke all previously signed wills,” or something to that effect. A new living will, can also revoke previous living wills by being inconsistent with them. This will create a presumption that you meant for the new living will to replace the old one. The new living will must be valid for the old living will to be effectively revoked.

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