Power of Attorney & Living Will Guide
No one likes to think about a time when they might not be able to speak for themselves. But planning ahead — before a health crisis — is one of the most important and loving things you can do for yourself and your family. Power of attorney and a living will are legal tools that ensure your wishes are known and honored, and your primary care provider is a key partner in that conversation.
What Is a Living Will?
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A living will (also called an advance directive or directive to physicians) is a legal document that spells out your preferences for medical treatment if you become unable to communicate. It answers questions like: Do you want CPR if your heart stops? Do you want to be placed on a ventilator? Would you want artificial nutrition or hydration if you are in a persistent vegetative state? A living will removes the burden of those decisions from your family and ensures your medical team knows exactly what you want.
What Is a Medical Power of Attorney?
A medical power of attorney (also called a healthcare proxy) designates a trusted person — your agent — to make medical decisions on your behalf if you are unable to do so. Your agent should be someone who knows your values, understands your wishes, and is able to advocate clearly on your behalf — even under pressure.
What Is a Durable (Financial) Power of Attorney?
A durable power of attorney addresses financial and legal matters, giving your designated agent authority to manage your bank accounts, pay bills, manage property, and handle legal matters if you become incapacitated. Many people pair a durable POA with a medical POA and living will to ensure all aspects of their affairs are covered.
Why These Documents Matter for Your Family
Without these documents, your loved ones may face agonizing decisions with no guidance from you during an already traumatic time. Families can be left divided over what a parent or spouse ‘would have wanted.’ These documents prevent all of that — they are a gift to the people who love you.
How to Get These Documents in Arizona
In Arizona, advance directives are governed by A.R.S. Sections 36-3221 through 36-3262. To create a valid document, you must be 18 or older and of sound mind, and sign in the presence of two adult witnesses or have the document notarized. No attorney is required for basic advance directives. Free standardized forms are available through the Arizona Attorney General’s office.
Talking to Your Doctor About Advance Care Planning
Your annual wellness visit is an ideal time to discuss advance care planning. Your doctor can help you think through your values, understand what specific interventions mean in practice, and ensure your wishes are documented in your medical record. At Gilbert Center for Family Medicine, we believe advance care planning is a vital part of whole-person care at any age.
Who Should Have These Documents?
Everyone. Accidents and sudden incapacity can happen at any age. Once completed, documents should be reviewed periodically, especially after major health changes or life events, and shared with your healthcare provider and your designated agent.
Frequently Asked Questions
What is the difference between a living will and a medical power of attorney?
A living will tells your medical team what treatments you do or do not want in specific situations — it’s a set of written instructions. A medical power of attorney designates a person to make medical decisions for you in real time. They work best together: the living will provides your preferences, and the medical POA gives a trusted person the authority to apply your wishes to situations the document may not have anticipated.
Do I need a lawyer to create these documents in Arizona?
No — for basic advance directives, an attorney is not required in Arizona. The state provides standardized forms that are legally valid when signed before two adult witnesses or a notary. However, if you have a complex estate, wish to include detailed or unusual provisions, or want a comprehensive estate plan, consulting an attorney is strongly recommended.
What happens if I become incapacitated and don't have these documents?
Without a medical power of attorney, medical decisions may default to next-of-kin according to Arizona’s statutory surrogate decision-making law — which may not be who you would have chosen. Without a living will, healthcare providers may default to aggressive life-sustaining treatment even if that’s not what you would have wanted. Courts can appoint a guardian, but this process is costly, time-consuming, and stressful for families. Having these documents in place avoids all of that.
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