Virtual first, serving families across Arizona.
Mon to Thu 8 to 4, Fri 8 to 12
Virtual first, serving families across Arizona.
Mon to Thu 8 to 4, Fri 8 to 12
Estate Planning
A living will (sometimes referred to as an advanced directive) is an estate planning document that states your healthcare preferences for end-of-life care. It comes into play when you are incapacitated and unable to communicate your decisions about end-of-life care.
Estate Planning
A direct statement of your wishes about life-sustaining treatment, in your own voice.
A living will speaks for you when you cannot speak for yourself. It directs your medical providers regarding life-sustaining treatment in specific end-of-life circumstances, such as terminal illness or permanent unconsciousness. Without one, your family is left to guess and may disagree at the worst possible moment.
We draft living wills that are clear, specific, and consistent with Arizona law. The document addresses common scenarios including artificial nutrition and hydration, mechanical respiration, and resuscitation preferences, while leaving room for your individual values to come through.
A living will works best in combination with a Health Care Power of Attorney, which appoints someone to make broader medical decisions on your behalf. Most clients sign both as part of one coordinated plan.
Nicole reviews each provision with you so you understand what you are directing and why. The goal is a document that reflects your real wishes, not a generic form.
A living will should be a part of every Phoenix estate plan, regardless of your age or health. Below are four reasons why you should get a living will.
1. You are prepared for the unexpected. If the COVID pandemic taught us anything, it is that it is important to be prepared for the unexpected. Whether due to general cognitive decline, an illness, or sudden injury, anyone can become incapacitated at any time.
2. Your wishes for end-of-life care will be followed. Many people have a general idea of the type of care that they want to receive at the end of their life. A living will is critical to ensure that your wishes are followed if you cannot communicate these choices yourself.
3. You will reduce the stress and guilt placed on your family members. When a loved one is receiving end-of-life care and does not have a living will, family members can suffer from guilt and anger as they try to decide the best course of action. The decision of whether or not to continue life support can cause a family battle that permanently destroys relationships. With a living will, your family will have no ambiguity about your preferences. They will have comfort knowing that they are meeting your wishes.
4. You can avoid depleting your estate. Many individuals are driven to create a living will because they want to ensure that their estate is not spent on medical care when there is little to no chance of recovery. They would rather their legacy be passed down to later generations.
Arizona requires that living wills are written with clear intent to create a living will, dated, and signed. It must be notarized or witnessed and signed by at least one adult. The notary or witness cannot be any of the following:
• A person designated to make medical decisions on the principal’s behalf;
• A person directly involved with the provision of health care to the principal; or
• A person directly involved with the provision of health care to the principal at the time the living will is executed.
There are four important steps that you should take after you have completed your living will in Phoenix.
1. Put the original in a safe and easily accessible place.
2. Provide copies of your will to the following individuals:
a. Your medical providers (i.e., doctors, hospitals, and your hospice or palliative care team);
b. Your health care agent and any alternate agents; and
c. Your attorney.
3. Keep a record of who has your advanced directives and review it every few years to ensure that every person who needs a copy has one.
You should also consider having an open and honest discussion with your loved one regarding your wishes.
Living wills are not set in stone. You can change or revoke your living will at any time or for any reason. You are always allowed to change your mind. If you make changes, it is critical to give updated copies to your medical team and family.
It is recommended that you use a lawyer to draft your living will. An experienced estate planning attorney will ensure that your living will fits your specific needs and ensure that the document meets all of Arizona’s legal requirements.
Included in the Will Package: $1,350 for individuals, $1,600 for couples. View full pricing.
Begin your plan
Schedule a virtual consultation or telephone call with Nicole Pavlik. Flat-fee pricing, clear timelines, and a process designed around you.
