Health care directives are registered with the Arizona state registry under state law. In order to be valid, an Arizona health care directive and living will must clearly state that the person intends to create a health care power of attorney. Also, it must be dated and signed by the person who is the subject of the power of attorney; and must be notarized and witnessed in writing.

Having a health care directive and living will allow you to give your agent the authority to make important, and sometimes lifesaving, medical decisions. State law in Arizona allows you to transfer the following authority to another person:

• ” If I have a terminal condition, I do not want my life to be prolonged and I do not want life-sustaining treatment, beyond comfort care, that will serve only to artificially delay the moment of my death.” (A.R.S. section 36.3231).
• “If I am in a terminal condition or an irreversible coma or a persistent vegetative state that my doctors reasonably feel to be irreversible or incurable, I do want the medical treatment necessary to provide care that would keep me comfortable, but I do not want the following:
  • Cardiopulmonary resuscitation, for example, the use of drugs electric shock, and artificial breathing;
  • Artificially administered food and fluids; and
  • To be taken to a hospital if at all avoidable.” (A.R.S section 36.3231).
• “Notwithstanding my other directions, if I am known to be pregnant, I do not want life-sustaining treatment withheld or withdrawn if it is possible that the embryo/fetus will develop to the point of live birth with the continued application of life-sustaining treatment.” (A.R.S. section 36.3231).
• “Notwithstanding my other directions, I do not want the use of all medical care necessary to treat my condition until my doctors reasonably conclude that my condition is terminal or irreversible, and incurable or I am in a persistent vegetative state.” (A.R.S. section 36.3231).
• “I want my life to be prolonged to the greatest extent possible.” (A.R.S. section 36.3231).

Legal health care directives and living wills can be created without the assistance of a lawyer. FindLaw’s team of attorneys has developed a customizable health care directive and living will form to guide you through the process of creating the documents you need under Arizona law.

FindLaw is not a law firm, and the forms are not a substitute for the advice or services of an attorney. If you need help with the document, you should consider enlisting the services of an attorney.

Health care directives, last wills, and trusts are different estate planning documents, each of which takes care of something specific about you and your assets. Their primary difference is when they go into effect. A health care directive, living will, and many types of trusts become effective during your lifetime. A last will and testament becomes effective when you die.

Each document confers different powers. Trusts and health care directives grant temporary power to agents you appoint for a limited period of time. Powers are typically conditional on an event occurring. When a person is unable to function or communicate properly, certain types of trusts and health care directives only transfer authority. By contrast, the power given to an executor by a last will and testament is permanent, as the executor is responsible for dealing with your final affairs.

A psychiatric advance directive is a kind of health care directive that states your decisions regarding your health care plan if you become so mentally ill that you are unable to make them yourself.

You can revoke or change your health care directive and living will as needed. Once it is signed, your living will take effect, and it will remain effective until revoked. The only way to revoke your health care directive and living will is to destroy them. You can either destroy it physically (tear it up, burn it, etc.) or you can simply rewrite it. The most recent health care directive and living will (the documents with the most recent date) will be the ones used.