Living Will
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 decline or withdraw the use 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.
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 give informed consent to a medical procedure (as determined by the personal or attending physician) 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 effectively. The Living Will does not name an agent, but complements the Health Care Power of Attorney by giving directions 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, resuscitation 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 the Living Will. Most people with this preference, however, will simply refrain from signing 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 surrogates who may serve as the patient's advocate.
5. Is there a prescribed form of Living Will in Arizona?
No. However, ARS Section 36-3262 provides a sample form Living Will. The statutory form is commonly integrated into do-it-yourself estate planning software apps. A slightly modified version is available free from the Office of the Arizona Attorney General.
6. Do I need an attorney to prepare a Living Will?
Permissible forms are available from many sources. However, an estate planning lawyer will make sure the document satisfies Arizona law 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 lawyer, 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 or attending physician, and family members. Whether someone’s intentions are carried out usually depends on whether the Health Care Agent is willing and able to serve as a strong advocate when interacting with health care providers.
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 a Health Care Agent to obtain a Do-Not-Resuscitate Order on the patient's behalf when he or she is unable to communicate.
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 decline or withdraw the use 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.
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 give informed consent to a medical procedure (as determined by the personal or attending physician) 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 effectively. The Living Will does not name an agent, but complements the Health Care Power of Attorney by giving directions 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, resuscitation 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 the Living Will. Most people with this preference, however, will simply refrain from signing 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 surrogates who may serve as the patient's advocate.
5. Is there a prescribed form of Living Will in Arizona?
No. However, ARS Section 36-3262 provides a sample form Living Will. The statutory form is commonly integrated into do-it-yourself estate planning software apps. A slightly modified version is available free from the Office of the Arizona Attorney General.
6. Do I need an attorney to prepare a Living Will?
Permissible forms are available from many sources. However, an estate planning lawyer will make sure the document satisfies Arizona law 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 lawyer, 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 or attending physician, and family members. Whether someone’s intentions are carried out usually depends on whether the Health Care Agent is willing and able to serve as a strong advocate when interacting with health care providers.
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 a Health Care Agent to obtain a Do-Not-Resuscitate Order on the patient's behalf when he or she is unable to communicate.
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.