Arizona Living Will Requirements
Based on ARS §36-3261 through §36-3262 (Title 36, Chapter 32 - Living Wills and Health Care Directives)
Quick Summary
- Document type: Living Will
- 1 witnesses required
- Notarization not required (can substitute for witnesses)
Witness Requirements
Arizona requires 1 witnesses who are present when you sign your living will. Witnesses have the following restrictions:
Witness restrictions:
- A witness must be at least 18 years of age
- A witness cannot be the person designated as the health care agent
- A witness cannot be a health care provider or directly involved with the provision of the principal's health care
- A witness cannot be related to the principal by blood, marriage, or adoption
- A witness cannot be entitled to any portion of the principal's estate by will or by operation of law
- If only one witness is used (rather than notarization), the witness may not be related to the principal by blood, marriage, or adoption and may not be entitled to any part of the principal's estate
When Your Living Will Takes Effect
Your Arizona living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is an irreversible, incurable, and untreatable condition caused by disease, illness, or injury from which, to a reasonable degree of medical certainty as determined by the patient's attending physician, there can be no recovery and death is likely to occur in the foreseeable future without the provision of life-sustaining treatment.
Persistent Vegetative State
A persistent vegetative state is an irreversible condition in which the patient is at no time aware of himself or herself or the environment and shows no behavioral response to the environment, as diagnosed in accordance with currently accepted medical standards.
Irreversible Condition
An irreversible condition, including an irreversible coma, is a condition that is not curable or reversible, where the administration of life-sustaining treatment serves only to prolong the dying process or maintain the patient in a condition of permanent unconsciousness.
Important Notes for Arizona
- Arizona's living will law is governed by ARS §36-3261 through §36-3262, part of Title 36 Chapter 32
- A living will requires only one witness OR notarization — not both; choose one method of verification
- Arizona provides an optional statutory sample living will form in ARS §36-3262
- The living will may be used independently or in conjunction with a health care power of attorney
- Healthcare providers acting in good faith based on an apparently authentic living will receive immunity from criminal and civil liability
- A living will may be revoked at any time by the principal through written revocation, physical destruction, or oral revocation in the presence of a witness
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.