Arizona Living Will
Frequently Asked Questions
By Richard Keyt and Richard C. Keyt, Arizona Estate Planning Attorneys
Richard Keyt (Rick, the father at 480-664-7478) and his son, former CPA Richard C. Keyt (Ricky at 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 294 5-star Google reviews and 407 5-star Google, Facebook & Birdeye reviews. They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or book a free office, phone or Zoom video meeting.
We wrote a detailed article called Arizona Living Will: What It Is, Why You Need One, & What Happens Without It that Arizona residents have found incredibly eye-opening. After people read it, they have questions. Below are the most frequently asked questions about Arizona living wills — with answers that point you to the full article for everything you need to know.
Why You Need a Living Will
Frequently Asked Questions
1: What exactly is an Arizona living will?
An Arizona living will — also called an advance directive — is a legal document in which you state your wishes about medical treatment in the event you become incapacitated and cannot communicate those decisions yourself. It tells your doctors, your family, and any hospital what you do and do not want done to keep you alive when there is no reasonable expectation of recovery.
It is not the same as a last will and testament. A last will deals with what happens to your property after you die. A living will deals with what happens to you — medically — while you are still alive but cannot speak for yourself.
For a full explanation of what a living will is and what it covers, read our article: Arizona Living Will: What It Is, Why You Need One, & What Happens Without It.
2: Do I really need a living will if I am young and healthy?
Yes. This is one of the most common and most dangerous misconceptions we encounter. Living wills are not just for the elderly or the terminally ill.
Accidents, strokes, aneurysms, and sudden illness can strike any adult at any age — on any ordinary day. A healthy 34-year-old in a car accident on I-10 can end up on life support just as easily as an 80-year-old with a chronic illness. Without a living will, your doctors are legally required to default to keeping you alive — even if that is not what you would have wanted.
3: What happens in Arizona if I do not have a living will?
A lot of very bad things can happen — to you, to your family, and to your finances.
Without a living will, Arizona law and medical practice require doctors to presume in favor of life-sustaining treatment, even when there is no hope of recovery. Your family members may disagree bitterly about what to do, with no one holding clear legal authority. The hospital may bring in an ethics committee. In the worst cases, a court must appoint a guardian to make decisions for you — a public legal proceeding that can take weeks and cost thousands of dollars.
The Terri Schiavo case — which lasted 15 years, generated 14 appeals, and ultimately reached the U.S. Supreme Court — began because Terri Schiavo did not have a living will. Her family was torn apart. Do not let that be your family's story.
The Schiavo case involved 14 appeals and numerous legal motions, petitions, and hearings in the Florida courts; five suits in federal district court; extensive political intervention at the levels of the Florida state legislature, Governor Jeb Bush, the U.S. Congress, and President George W. Bush; and four denials of certiorari from the Supreme Court of the United States.
4: What decisions does a living will actually cover?
A well-drafted Arizona living will addresses the most critical end-of-life medical questions, including:
- Whether you want to be kept on a ventilator if there is no reasonable chance of recovery
- Whether you want CPR performed if your heart stops
- Whether you want a feeding tube if you are permanently unconscious
- Whether you want aggressive pain management, even if it might shorten your life
- Whether you want to die at home rather than in a hospital if possible
- Your wishes about organ and tissue donation
- Whether your instructions apply if you are pregnant at the time of incapacity
These are deeply personal decisions. A living will ensures you make them — not a doctor, not a hospital ethics committee, and not a judge who has never met you.
5: Is an Arizona living will legally binding on doctors and hospitals?
Yes. Under Arizona Revised Statutes Section 36-3261 and related statutes, a properly signed and witnessed living will is a legally binding document. Healthcare providers in Arizona are required to follow its instructions. If a particular provider is unwilling to follow your instructions — for example, for religious or moral reasons — they are required to transfer your care to a provider who will.
This is one of the most important reasons to have your living will drafted correctly. A document with the wrong language, the wrong witnesses, or the wrong execution may not be enforceable when it matters most.
6: Who can witness my Arizona living will?
Arizona law is specific about who can and cannot serve as a witness to your living will. The document must be signed by you and witnessed by two adults. However, the following people cannot serve as witnesses:
- Your healthcare provider or an employee of a healthcare institution currently treating you
- Anyone who would benefit financially from your death (such as an heir or beneficiary)
Getting the witness requirements right is one of several reasons it is worth having an estate planning attorney prepare your living will rather than trying to use a generic form you found online.
7: What is the difference between a living will and a healthcare power of attorney?
These are two separate but complementary documents, and you need both.
A living will tells your doctors what you want — the specific medical treatments you do or do not want under specific circumstances.
A healthcare power of attorney designates a specific person — called your healthcare agent — to make medical decisions on your behalf in situations your living will may not have specifically anticipated. Together, these two documents form a comprehensive healthcare advance directive that covers virtually any scenario.
Arizona law allows you to combine these documents. Every KEYTLaw estate plan includes both — along with a financial power of attorney, a revocable living trust, and several other essential documents.
See our fee and the 36 documents and services in our custom estate plan with a revocable living trust.
8: Can a living will save my family money?
Absolutely — and the numbers are staggering. Unwanted end-of-life care in an ICU can cost $10,000 or more per day. Months of mechanical ventilation, feeding tubes, and intensive nursing can consume an entire estate — assets you worked a lifetime to accumulate and intended to pass on to the people you love.
Medicare and private insurance do not always cover extended life-sustaining treatment when it has been medically determined to be futile. Your family may be left with bills they cannot pay — for care you never wanted.
A living will is not just a medical document. It is also a financial protection tool.
9: How is a living will different from a regular will?
This question comes up constantly, and the confusion is understandable — the word “will” appears in both.
- A last will and testament (what most people call simply a “will”) deals with what happens to your assets and property after you die. In Arizona, a will must go through probate — a court-supervised process — before your heirs receive anything.
- A living will deals with your medical care while you are alive but cannot speak for yourself. It has nothing to do with distributing property.
One important note: a will alone is not a complete estate plan. A will still goes through probate. If your goal is to protect your family and pass your assets efficiently, the cornerstone of your estate plan should be a revocable living trust — not just a will. Learn more at 18 Benefits of a Revocable Living Trust.
10: My family knows what I want. Why do I still need a written living will?
Because “they know what I want” is not legally enforceable — and families who are confident they are aligned frequently are not, when the moment actually arrives.
Grief changes people. Fear changes people. Even the most loving family members can find themselves unable to agree when faced with the decision of authorizing the withdrawal of life support from someone they love. Without a written document, no one has clear authority. Everyone's opinion carries equal — and paralyzing — weight.
A living will removes that burden from your family entirely. It says: I made this decision. This is what I want. You are following my instructions, not making the choice yourselves. That is one of the most generous gifts you can give the people who love you most.
11: Where should I keep my Arizona living will once it is signed?
You should keep the original in a place your healthcare agent can access quickly — not in a safe deposit box that may be difficult to open in an emergency. Recommended steps include:
- Give a copy to your primary care physician and any specialists
- Give a copy to your designated healthcare agent
- Give copies to close family members who might be contacted in an emergency
- Consider registering it with the Arizona Secretary of State's advance directive registry
- Keep a copy with your other estate planning documents
12: Can I change my living will after I sign it?
Yes. You can revoke or amend your Arizona living will at any time, as long as you have mental capacity to do so. You should review your living will whenever your health circumstances change significantly, your personal values or wishes evolve, or you move to a new state (since living will laws vary by state).
If you have an existing living will that is outdated, we can review it with you and prepare an updated version.
To learn more read our Living Will article
The questions above barely scratch the surface of what you need to know about Arizona living wills. We encourage you to read our complete guide:
👉 Arizona Living Will: What It Is, Why You Need One, & What Happens Without It
It covers the real-world scenarios, the legal framework, the financial consequences of not having one, and what a properly drafted Arizona living will should include.
Every KEYTLaw Estate Plan Includes a Living Will
At KEYTLaw, we do not prepare living wills in isolation. We include a living will as part of every comprehensive estate plan — along with a revocable living trust, healthcare power of attorney, financial power of attorney, HIPAA authorization, deed transferring your home to the trust, and several other essential documents.
To see the 36 documents and services in a KEYTLaw estate plan, visit
https://www.keytlaw.com/ep-contents or watch our video at https://youtu.be/r92ZYHQWScU.
Book a Free Office, Phone or Zoom Consultation
Arizona estate planning attorneys Richard Keyt (Rick, the father) and Richard C. Keyt (Ricky, the son) are available for free office, phone, or Zoom consultations. We don't charge to talk with people.
📅 Book a free meeting at https://www.keytlaw.com/calendar
📞 Richard Keyt (Rick, the father): 480-664-7478
📞 Richard C. Keyt (Ricky, the son): 480-664-7472
We want to help you protect your most valuable assets — your loved ones.
DISCLAIMER: This article is provided for general informational purposes only and does not constitute legal advice for any individual case or situation. Reading this article does not create an attorney-client relationship. Estate planning laws change. Please consult a qualified Arizona attorney for advice specific to your circumstances.
See the Contents of Our Estate Plan
To protect your most valuable assets—your loved ones— read our article that describes the 36 documents and services you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch thie video about the documents and services.
Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people.
Call or email Richard Keyt, the father
Direct phone: 480-664-7478
Email: [email protected]
Call or email Richard C. Keyt, the son
Direct phone: 480-664-7472
Email: [email protected]