When a person chooses to make a Living Will, along with the Medical Power of Attorney, these two legal documents become an Advance Directive.
An Advance Directive may include your sign, names of witnesses, their signatures, etc. in adherence to your state’s requirements. Every state has different requirements to be followed. Some states ask for witnesses and notaries, others look for different criteria to be followed.
Likewise, some states consider Living Will and Advance Directive as different and separate documents, whereas others consider both documents the same. In some states, Living Will and Advance Directive are used interchangeably.
In this article, you will get a complete guide for making an Advance Directive for Healthcare in Arizona.
Legal Requirements for a valid Advance Directive
- Written by the grantor (maker of Advance Directive): Yes
- Grantor must be:
- Above the age of 18 years: Yes
- Sound mind and memory: Yes
- Signed by the grantor: Yes
- Signed by Proxy/Agent: Yes
- Proxy/agent accepts his role in writing: No
- Witness required: Yes
- Number of witnesses: 1
- Signed by the witnesses: Yes
- Number of documents required: 1
- Other names for a Living Will: Living Will (optional)
- Other names for a Healthcare Power of attorney: Healthcare Power of attorney
- Proxy can decide on mental health issues: No
“Should have done this before, had made it up to be really hard in my head. This was super easy!”
Who can be your witnesses in the Arizona Advance Directive?
Anyone can be your witness in Arizona if;
- He is an adult i.e., above 18 years of age,
- He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.
Note: Your witnesses cannot be:
- Your healthcare proxy/agent,
- your supervising health care provider/ his employer,
- Related to you by blood, adoption, or marriage,
- Entitled to a share in the estate on your death,
- involved with the provision of your health care at the time the document is signed.
Arizona state laws require the witnesses to sign the form and give in writing their declaration or you can give acknowledgment before the public notary.
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Who can be your Proxy in the Arizona Advance Directive?
Anyone can be your Proxy/Agent in Arizona if;
- He is an adult i.e., above 18 years of age, &
- He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.
Who cannot be your Proxy/Agent:
- your supervising health care provider,
- notary to whom you would give an acknowledgment.
Other than the above legal requirements, the Proxy/Agent should be:
- Trustable to adhere to your wishes and intentions.
- Trustable to defend you if there’s any disagreement about your medical care.
- He wanted to be your Attorney in Fact of his own free will to take care of your health affairs.
- He should not be your doctor or one of the caretakers.
Note: You can appoint an Alternate Proxy as well. The alternative Proxy/Agent will step in if the first person you name as a proxy is unable, unwilling, or unavailable to act for you or if you decide to revoke his authority.
A certificate stating that you have been advised of your rights would be signed by your lawyer if you want your conservator (appointed under the Lanterman-Petris-Short Act) to be your agent, as well. Or you may mention in your advance directive a nomination for the individual appointed as your conservator, if necessary. The court will consider your nomination in any protective proceeding.
Notarization required for Arizona Advance Directive?
You can either get an Advance Directive executed by signing the form in presence of the witnesses (conditions applied) or get your signature notarized by signing an acknowledgment in front of the public notary.
Learn about the requirements of Arizona Last Will and Testament and Arizona Last Will and Testament Template.
When does an Advance Directive come into effect in Arizona?
In Arizona, an Advance Directive doesn’t come into effect on signing the form by the grantor, proxy, and witnesses. An Advance directive comes into effect only when the doctor declares that you are incapable of deciding on your behalf and have become debilitated due to illness or injury.
Note: Your Arizona Advance Directive will not be effective in any medical crisis or emergency unless you become incapacitated to understand and communicate your wishes and consent.
How can an Advance Directive be revoked?
You can revoke or terminate your Arizona Advance Directive anytime by:
- A written revocation,
- An oral revocation to your Proxy/Agent or health care provider, &
- Tearing, burning, and obliterating or destroying the document in any other way.
- Executing a new Advance Directive Form.
- Or any other act that demonstrates your intent to revoke your document.
How to amend or change an Advance Directive?
You can make changes or amend your Advance Directive at any time in Arizona but once you have signed and witnessed/notarized it you have to resubmit a new document with the required changes. It is recommended to go through, double-check, and make sure of everything before signing the Advance Directive.
Arizona maintains an Advance Directive Registry. By filing your advance directive with the registry, your health care provider and loved ones may be able to find a copy of your directive in the event you are unable to provide one.
Sections of the Arizona Advance Directive Form
Section 1: Healthcare Power of attorney
You can fill this form out and provide all the details. The appointment of the Healthcare Proxy/Agent and his details will be filled along with the instructions for the Proxy/Agent to follow.
On the left side, you will find a gray box that contains all the instructions that will help you in the application process.
Section 2: Living Will (OPTIONAL)
This section states your wishes regarding medical care when your doctor determines that either:
- that you are terminally ill & to prolong artificially your life you would need artificial life-sustaining procedures or your death will occur with or without the use of life-sustaining procedures, or
- that you are in a persistent vegetative state.
Section 3: Autopsy
Section 4: Organ donation
Section 5: Physician Affidavit
Section 6: Funeral & burial disposition
Section 7: Execution
You must sign in the presence of two witnesses. The details of the witnesses along with their signs are also required.
Give photocopies of the signed original to your agent and alternate agent, doctor(s), family, close friends, clergy, and anyone else who might become involved in your health care. If you enter a nursing home or hospital, have photocopies of your document placed in your medical records.
Be sure to talk to your agent(s), doctor(s), clergy, family, and friends about your wishes concerning medical treatment. Discuss your wishes with them often, particularly if your medical condition changes.
