Consult with an experienced estate planning attorney about your living will. A living will addresses medical care choices, not matters contained in a last will and testament. A living will is not simply another name or type of last will and testament. While the jargon and terms are sometimes confusing, understand that the living will addresses your health care desires decisions. Your living will tells the world the medical care you desire when you can’t communicate your own wishes. Unlike the last will and testament, the living will in no way addresses questions about your property. If you haven’t yet looked into living wills, now could be the time because it could be one of the most important documents you sign.
In designing your living will, you will want to let your loved ones know your wishes about treatment for end-of-life medical care. The living will provides invaluable guidance to your family, friends, and medical professionals because the document expresses your wishes when you are not able to communicate. The living will removes the “guess-work” when your family or trusted loved-ones need to make critical medical decisions. Rather than guessing the medical procedures you are willing to tolerate, or which you desire to undergo, your medical decision-makers (usually identified in your Health Care Power of Attorney) will have the guidance needed to make an informed decision.
Unlike a last will and testament, the living will has no power after death. Living wills are also called advanced directives or directives to physicians. No matter the term , the living will allows you to communicate your decisions when you are not physically – or mentally – able to do so yourself.
Creating a Living Will – There are two main options to design and draft your living will. You may consult with an attorney or create your own. There are strict rules that govern the form and procedure to execute a living will. In Arizona, you will have to sign the document in front of one witness or a notary public. There are limitations on who can serve as a witness or notary public. Your living will is valid once you have properly completed the document according to Arizona statutes. States vary in their requirements to execute a living will. Keep your original living will in a secure place. Consider providing a copy to your heath care agent, named in a Health Care Power of Attorney.
Consulting with an estate planning attorney will benefit you in several ways. There is peace of mind in knowing the document meets Arizona statutory requirements. Learn how your agent could interpret your wishes in varying medical situations. For example, one’s health care choices may be different if they are involved in a serious accident, as opposed to having been diagnosed with a serious long-term illness. Also, you will want to review your documents to see if your designations still apply to your circumstances. Call the Law Firm of James A. Robles, PLLC to discuss whether a living will is good for you, how to complete a living will, and to whom should be given a copy of your living will.