03 Oct Arizona’s Laws on Advance Directives

An advance directive is a legal document that describes your personal preferences for medical care. They are meant to protect your best interests if you’re ever in a position where you’re unable to speak for yourself. Living wills, medical powers of attorney, and DNR orders are the three main types of advance directives available to Arizona residents. Let’s take a closer look at each of the options allowed under Arizona’s estate planning laws.

Advance Directives: How to Protect Your Decisions About Medical Care

An advance directive is one of the most important documents you can include in your estate planning portfolio. You can use an advance directive to detail the type of medical care you wish to receive. Or you can appoint a personal representative to make medical decisions on your behalf.

Most people have strong opinions regarding their medical care. Some have preference for specific physicians. Others have an aversion to certain medical procedures. Many people use advance directives to make sure their personal decisions are respected, whatever they may be.

With an advance directive in place, they don’t have to worry that someone might go against their wishes while they are unable to speak for themselves. For example, if they are incapacitated by a stroke or by dementia, having an advance directive in place will ensure that their healthcare preferences are honored.

Arizona Estate Planning Law Covers Several Types of Advance Directives

Let’s review the different types of advance directives or “health care directives” available to Arizona residents. According to Arizona law, there are four different types of documents to choose from:

1. 1. Living Will
   2. Medical Power of Attorney
   3. Mental Health Care Power of Attorney
   4. Prehospital Medical Care Directive (DNR)

Let’s take a closer look at how these health care directives work.

Living Will

This legal document explains your preferences for medical care. It serves as a guide if you are ever unable to speak for yourself. For example, if you are under anesthesia for an operation a living will can help your physician make informed decisions regarding your medical care. 

Health Care Power of Attorney

If you wish, you can appoint a surrogate or power of attorney (POA) agent. They can make medical decisions on your behalf. If you do not have any advance directives set up, the responsibility for making medical decisions will fall to another. First to your spouse, then your children (if they are adults), your parents, or someone else close to you. Appointing a healthcare POA takes the burden of decision making off of your loved ones.

Mental Health Care Power of Attorney

A mental health care POA is a type of durable power of attorney that appoints a surrogate to make mental health decisions for you if you are ever incapable. For example, if you suffer from dementia, your mental health POA agent will be able to act in your best interests. If you do not have a mental health POA, the responsibility would fall to your medical POA.

Prehospital Medical Care Directives

Also known as a “Do Not Resuscitate” or “DNR” this advance directive instructs emergency personnel not to revive you against your wishes. It must be signed by a licensed healthcare professional, and it becomes a part of your healthcare records. If you are facing a terminal illness and do not want CPR, a prehospital medical care directive will ease your passing.

How to Prepare Advance Directives in Arizona

1. 1. Appoint a surrogate. Talk to them about your preferences, and make sure they are willing to accept this responsibility.
   2. Draw up your documents. Advance directive forms can be found online, but it is best to meet with an estate planning attorney. They can verify that your documents are valid and they can also witness or notarize the documents for you.
   3. File a copy of your advance directive(s) with the Healthcare Directives Registry of Arizona. This nonprofit organization provides a secure place to store your records and makes it easier for your healthcare provider to locate your directives.
   4. You should also give a copy of your advance directives to your primary care provider, your medical POA (if you have one), and the executor of your will.

Arizona Estate Planning Lawyers

The state of Arizona has laws in place to protect your decisions regarding medical care. If you want to set up an advance directive, the estate planning lawyers at Phelps LaClair are here to help. Our experts can guide you through the entire process and provide peace of mind for you and your loved ones. We have many convenient locations throughout the Phoenix area, including Mesa, Sedona, and Tucson. Contact us today to schedule an appointment with our legal team. 

Photo by Jordan McQueen on Unsplash used with permission under the Creative Commons license for commercial use 9/22/24.