A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.
Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.
In Arizona, a living will is recognized under state law as part of an Advance Directive. An Advance Directive is a legal document that allows an individual to outline their preferences for medical treatment in the event they are unable to communicate their decisions due to incapacity. Arizona Revised Statutes, specifically Title 36, Chapter 32, provides the legal framework for creating a living will. The document must be signed by the declarant and either notarized or witnessed by at least one adult who meets certain criteria. The living will can include instructions on the use of life-sustaining treatments, artificial nutrition, and hydration if the individual is in a terminal condition or is persistently unconscious. Additionally, Arizona recognizes Prehospital Medical Care Directives, which include Do Not Resuscitate (DNR) orders, allowing individuals to indicate their wish to forgo resuscitative measures in the event of cardiac or respiratory arrest. It is advisable for individuals to consult with an attorney to ensure that their Advance Directive is properly executed and reflects their wishes accurately.