Arizona Living Wills: Secure Your Advance Directive
TL;DR: In Arizona, a living will lets you state your end-of-life treatment preferences if you cannot communicate. Sign it as an adult with capacity before one qualified adult witness or a notary. Pair it with a health care power of attorney so your agent can decide on issues not covered. DNR and POLST are separate medical orders. Share copies with your care team and review periodically.
What Is a Living Will in Arizona?
In Arizona, a living will records your wishes about end-of-life medical care if you are unable to communicate. Typical topics include life-sustaining treatment, artificial nutrition and hydration, pain relief, and comfort-focused measures. Arizona law recognizes living wills that meet statutory requirements, and the state generally honors directives properly executed in other states; confirm specifics for your situation and keep your documents current. See A.R.S. § 36-3204 and Arizona Department of Health Services guidance on advance directives (ADHS).
Living Will vs. Health Care Power of Attorney
A living will states your treatment preferences. A health care power of attorney (HCPOA) names an agent to make medical decisions if you cannot. Both are recognized under Arizona law. Your agent should use your living will as guidance and make decisions about issues your document does not explicitly address. If documents appear inconsistent, providers and decision-makers look to your stated wishes and applicable law; clear, consistent documents help avoid conflict. See A.R.S. § 36-3203.
Key Arizona Requirements to Execute
To execute a living will, you must be an adult with capacity. You must sign in front of one qualified adult witness or acknowledge your signature before a notary public. Certain people are disqualified from serving as a witness (for example, your named health care agent or some health care providers). Follow the statute closely and use current forms. See A.R.S. § 36-3204.
What Your Living Will Can Cover
- Life-prolonging treatments (e.g., ventilators, dialysis)
- Cardiopulmonary resuscitation preferences
- Artificial nutrition and hydration
- Pain management and comfort care
- Organ and tissue donation
- Pregnancy-related directives
- Any specific religious or ethical instructions
You can include personal statements to guide your agent and care team.
Tip: Keep Instructions Practical
Use clear, plain language. If you have strong preferences about pain control, artificial nutrition, or trials of treatment, state examples so your agent and clinicians understand your intent.
Distribution and Portability
After signing, provide copies to your health care agent, primary care physician, specialists, and close family. Keep a copy in an accessible place and carry a wallet card noting your agent’s contact. Ask your doctor or hospital how to include your directive in your electronic chart. See ADHS guidance: ADHS.
Updating and Revoking
You may change or revoke your living will at any time while you have capacity. Review it after major life events, a new diagnosis, or changes in your values. If you revoke or replace your directive, notify your agent and providers and collect old copies to prevent confusion. See ADHS.
Special Considerations: DNR and POLST
A living will is not the same as a do-not-resuscitate (DNR) order or a Provider Orders for Life-Sustaining Treatment (POLST). DNR (in Arizona, the Prehospital Medical Care Directive) and POLST are medical orders signed by a clinician and intended to be followed by emergency responders and hospital staff. Your living will and HCPOA can inform whether a DNR or POLST is appropriate for you. See A.R.S. § 36-3251 and Arizona POLST.
Using Arizona’s Sample Forms
Arizona’s Department of Health Services provides sample advance directive forms and guidance. Forms are helpful starting points, but individualized legal advice ensures your documents reflect your wishes and comply with current law. See ADHS – Advance Directives.
How an Attorney Can Help
An attorney can tailor your living will and HCPOA, ensure proper execution and HIPAA releases, and coordinate your health care directives with your broader estate plan. Counsel can help navigate special issues (religious directives, pregnancy provisions, complex family dynamics) and keep documents aligned with current Arizona law.
Checklist: Getting Started
- Clarify your values and goals for end-of-life care.
- Choose a trusted health care agent and a backup.
- Draft a living will and health care power of attorney that meet Arizona’s formalities.
- Execute with one qualified adult witness or a notary.
- Share and store copies with your care team and loved ones.
- Revisit documents after major health or life changes.
FAQ
Do I need both a living will and a health care power of attorney?
Yes, most Arizonans benefit from having both. The living will states your wishes; the HCPOA empowers an agent to decide when situations are not covered or need judgment.
Who can witness my Arizona living will?
One qualified adult witness or a notary is required. Your agent, certain health care providers, and others with specific conflicts cannot serve as witnesses under Arizona law.
Will Arizona honor a living will I signed in another state?
Arizona generally honors out-of-state directives that were valid where signed, but updating to Arizona-compliant forms is recommended for clarity.
Is a DNR the same as my living will?
No. A DNR or POLST is a medical order signed by a clinician. Your living will expresses preferences and can guide whether a DNR or POLST is appropriate.
Ready to protect your wishes? Request a consultation today.
References
- A.R.S. § 36-3204 (Execution requirements for living wills and health care directives)
- A.R.S. § 36-3203 (Health care power of attorney)
- Arizona Department of Health Services – Advance Directives
- Arizona POLST – Provider Orders for Life-Sustaining Treatment
- A.R.S. § 36-3251 (Prehospital medical care directive; DNR)
Disclaimer: This post is for general information only, not legal advice, and does not create an attorney–client relationship. Laws change and application varies by facts; consult a licensed Arizona attorney about your situation.