What You Should Know About Living Wills
1. What is a Living Will?
A Living Will is a written document that usually – but not always – directs the signer’s family and doctors to cease the authorization of life-sustaining treatment, beyond comfort care, that would only serve to artificially delay the moment of death. Typically, a person who signs a Living Will wishes to die naturally, with only the administration of pain medication or the performance of any medical procedures deemed necessary to provide comfort and care or to alleviate pain, even though they may shorten life.
A Living Will does not govern situations that do not affect whether life continues, such as routine medical treatment and non life threatening medical conditions. In order for the Living Will to take effect, the person must be unable to communicate with others and the person’s condition must be terminal in the sense that the person is not expected to regain the ability to live more than a very low-quality existence.
A Living Will is a like a sister document to the Health Care Power of Attorney, which names an agent for medical decisions if the signer is unable to communicate. The Living Will does not name an agent, but complements the Health Care Power of Attorney by giving instructions to that agent.
2. What is meant by life-sustaining treatment?
Life-sustaining treatment generally refers to nutrition and hydration administered by invasive procedures, antibiotics, respirators, pacemakers, renal dialysis, or any other mechanical devices designed to assist the functioning of organs; transfusion of blood and blood products; and in the event of cardiac or cardiopulmonary arrest, resuscitative procedures.
If desired, the Living Will can be drafted to direct the continued use of some life-sustaining treatment no matter the situation, such as hydration only.
3. What if someone wants life prolonged to the greatest extent possible?
It is permissible for a Living Will to direct the continuance of all life-sustaining treatment, although this should be stated clearly in a Living Will.
4. Does everyone need a Living Will?
No. If a person enters a persistent vegetative state, for example, a named Health Care Agent may make decisions for the patient without restriction. If there is no named Health Care Agent, Arizona law provides a prioritized order of persons who may act as surrogate.
5. Is there a prescribed form of Living Will in Arizona?
No. There is a sample form available, but it is not a prescribed form. It is perfectly fine to sign a Living Will using a different form or even no form at all.
There are, however, specific rules for how a Living Will must be signed and witnessed. A valid Living Will must be signed in the presence of at least one witness or a notary public. The Health Care Agent is not an authorized witness, nor is anyone involved with providing health care to the signer.
6. Do I need an attorney to prepare a Living Will?
Permissible forms are available from many sources. However, an estate attorney can make sure the document meets state law requirements and correctly reflects the signer’s wishes. Forms purchased at stores and via the Internet sometimes fail to meet these minimum standards. It is better to rely on a local attorney, who can help decipher the various choices available.
7. Do Living Wills actually work?
There is considerable research confirming the usefulness of Living Wills. But in many cases, they are ignored by health care providers or never even consulted. It should be emphasized that a Living Will is not a substitute for clearly communicating one’s medical treatment preferences to a Health Care Agent, personal physician, and family members. Whether someone’s intentions are carried out usually depends on the Health Care Agent’s decisions.
8. Is a Living Will the same thing as a Do-Not-Resuscitate Order?
No. In Arizona, a Pre-hospital Medical Care Directive (aka “Do-Not-Resuscitate Order” or “DNR”) deals exclusively with medical response to cardiac or respiratory arrest. The directive must be printed on orange paper and signed by the patient’s doctor and an independent witness. A Living Will in effect authorizes the use of a Do-Not-Resuscitate Order.
About the Author
Thomas J. Bouman provides legal counsel in the areas of estate planning, estate settlement, and asset protection. He brings a highly systematic approach to the practice of law, which is critically important when wading through the complex, and often bizarre, legal requirements associated with estate and trust law. Mr. Bouman is author of the Arizona Estate Administration Answer Book and a prominent member of Wealth Counsel, LLC, the nation’s premiere organization of estate planning attorneys.
A Living Will is a written document that usually – but not always – directs the signer’s family and doctors to cease the authorization of life-sustaining treatment, beyond comfort care, that would only serve to artificially delay the moment of death. Typically, a person who signs a Living Will wishes to die naturally, with only the administration of pain medication or the performance of any medical procedures deemed necessary to provide comfort and care or to alleviate pain, even though they may shorten life.
A Living Will does not govern situations that do not affect whether life continues, such as routine medical treatment and non life threatening medical conditions. In order for the Living Will to take effect, the person must be unable to communicate with others and the person’s condition must be terminal in the sense that the person is not expected to regain the ability to live more than a very low-quality existence.
A Living Will is a like a sister document to the Health Care Power of Attorney, which names an agent for medical decisions if the signer is unable to communicate. The Living Will does not name an agent, but complements the Health Care Power of Attorney by giving instructions to that agent.
2. What is meant by life-sustaining treatment?
Life-sustaining treatment generally refers to nutrition and hydration administered by invasive procedures, antibiotics, respirators, pacemakers, renal dialysis, or any other mechanical devices designed to assist the functioning of organs; transfusion of blood and blood products; and in the event of cardiac or cardiopulmonary arrest, resuscitative procedures.
If desired, the Living Will can be drafted to direct the continued use of some life-sustaining treatment no matter the situation, such as hydration only.
3. What if someone wants life prolonged to the greatest extent possible?
It is permissible for a Living Will to direct the continuance of all life-sustaining treatment, although this should be stated clearly in a Living Will.
4. Does everyone need a Living Will?
No. If a person enters a persistent vegetative state, for example, a named Health Care Agent may make decisions for the patient without restriction. If there is no named Health Care Agent, Arizona law provides a prioritized order of persons who may act as surrogate.
5. Is there a prescribed form of Living Will in Arizona?
No. There is a sample form available, but it is not a prescribed form. It is perfectly fine to sign a Living Will using a different form or even no form at all.
There are, however, specific rules for how a Living Will must be signed and witnessed. A valid Living Will must be signed in the presence of at least one witness or a notary public. The Health Care Agent is not an authorized witness, nor is anyone involved with providing health care to the signer.
6. Do I need an attorney to prepare a Living Will?
Permissible forms are available from many sources. However, an estate attorney can make sure the document meets state law requirements and correctly reflects the signer’s wishes. Forms purchased at stores and via the Internet sometimes fail to meet these minimum standards. It is better to rely on a local attorney, who can help decipher the various choices available.
7. Do Living Wills actually work?
There is considerable research confirming the usefulness of Living Wills. But in many cases, they are ignored by health care providers or never even consulted. It should be emphasized that a Living Will is not a substitute for clearly communicating one’s medical treatment preferences to a Health Care Agent, personal physician, and family members. Whether someone’s intentions are carried out usually depends on the Health Care Agent’s decisions.
8. Is a Living Will the same thing as a Do-Not-Resuscitate Order?
No. In Arizona, a Pre-hospital Medical Care Directive (aka “Do-Not-Resuscitate Order” or “DNR”) deals exclusively with medical response to cardiac or respiratory arrest. The directive must be printed on orange paper and signed by the patient’s doctor and an independent witness. A Living Will in effect authorizes the use of a Do-Not-Resuscitate Order.
About the Author
Thomas J. Bouman provides legal counsel in the areas of estate planning, estate settlement, and asset protection. He brings a highly systematic approach to the practice of law, which is critically important when wading through the complex, and often bizarre, legal requirements associated with estate and trust law. Mr. Bouman is author of the Arizona Estate Administration Answer Book and a prominent member of Wealth Counsel, LLC, the nation’s premiere organization of estate planning attorneys.