Az Living Will

A living will is a vital part of the estate plan.But your family cannot override your living will. They cannot take away your authority to make your own treatment and care plans. In fact, you always retain the right to override your own decisions.

Living Wills are Binding Legal Documents You need to legally outline your wishes in compliance with state law. Your living will needs to cover what you wish to happen if you become terminally ill, permanently unconscious, or unable to convey your own wishes.

No. Arizona recognizes a handwritten Will, known as holographic will, so long as it is signed by the testator and the material provsions are in the testator's handwriting. Material provisions are the provisions that designate beneficiaries and their share of the estate/gifts.

No, in Arizona, you do not need to notarize your will to make it legal. However, Arizona allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

A living will can be revoked either orally or in writing. If you sign a new living will, it may revoke any prior living will you made. However, to revoke your appointment of a health care representative, you must do so in writing that is observed and signed by two witnesses in order for the revocation to be valid.

A living will can be canceled or revoked at any time. You can cancel your living will by indicating, in writing, that it has been cancelled. Destroying your original living will may cancel the will, but revoking the will in writing is more formal.

Will my living will ever expire? Your living will remains effective for as long as you live, unless you intentionally revoke it or the courts get involved (e.g., someone challenges whether you had capacity to make the document, or a court questions whether your document meets the state's requirements).