A living will is technically not a will, but a legally binding document in which the signee declares how he or she would like to be treated in case of a medical emergency. For instance, you may state in your living will that you do not want to be kept alive through artificial respirators. Arizona living will laws require a living will to be in writing, with clear intent, dated, signed by ana dult and witnessed by at least one adult or a notary public.
Learn about the finer points of Arizona's living will laws in the box below. See FindLaw's Living Wills section for more information.
Code Section | 36-3201 et seq. Living Wills and Health Care Directives |
Specific Powers, Life-Prolonging Acts | Does not include comfort care or alleviation of pain but may include life-sustaining treatment artificially delaying the moment of death, CPR, drugs, electric shock, artificial breathing, artificially administered food and fluids |
Legal Requirements for Valid Living Will | (1) Adult; (2) in writing; (3) language clearly indicating intent to create a living will; (4) dated; (5) signed; (6) witnessed by at least one adult or a notary public |
Revocation of Living Will | Person may revoke health care directive or disqualify a surrogate by (1) written revocation; (2) orally notifying surrogate or health care provider; (3) making new health care directive; (4) any other act demonstrating specific intent to revoke |
Validity from State-to-State | Health care directive prepared in another state is valid in this state if it was valid where and at the time it was adopted to the extent it does not conflict with the criminal laws of Arizona |
If Physician Unwilling to Follow Living Will | Physician must effect prompt transfer to a physician willing to comply |
Immunity for Attending Physician | Health care provider making good faith decisions in reliance on apparently genuine health care directive or decision of a surrogate or living will is immune from criminal, civil, and professional discipline for that reliance (unless negligent) |
Note: State laws are constantly changing -- contact an Arizona estate planning attorney or conduct your own legal research to verify the state law(s) you are researching.
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