What are the benefits of having a living will?
There are many benefits to having a living will and a healthcare power of attorney (“HC POA”), both of which are included when you hire Arizona Probate, LLC to prepare a HC POA for a low, flat fee. The HC POA allows you to appoint an agent and successor agents to make healthcare decisions for you should you become incapacitated. You can also nominate a guardian in your HC POA, just in case someone files a petition for guardianship.
Avoid court appointed guardianships
If you do not have a HC POA in place prior to your incapacity, a court appointed guardianship may be required. This is generally an expensive and time-consuming ordeal. The Court may choose to appoint someone other than your spouse or adult child to act as your guardian. Here is the current statutory priority of appointment the Court will use as a guide when deciding who to appoint as your guardian, with number one being the first choice and so on:
- A fiduciary appointed or recognized by a court of another jurisdiction in which the incapacitated person (“IP”) resides.
- An individual or corporation nominated by the IP if the IP has sufficient mental capacity.
- Person nominated to serve as guardian in IP’s HC POA or durable POA.
- IP’s spouse.
- Adult child of IP.
- A parent of the IP, including a person nominated by will or other writing signed by a deceased parent.
I’ve only listed a rough summary of the top six options; see ARS §14-5311 to see the full details and remaining options. As you can see, the IP’s spouse is the fourth choice, and his/her adult child is the fifth choice. Ultimately, a HC POA gives you more power to choose who will make healthcare/medical decisions for you if you get in an accident or become ill and can no longer make these sorts of decisions for yourself.
Living Will
As previously mentioned, Arizona Probate, LLC includes a living will when hired to prepare a HC POA. The living will section is where you make it clear what your choices are regarding important decisions such as:
- Whether to continue with artificial nutrition and hydration.
- Whether to provide medical treatment to keep you alive, such as CPR.
- Whether to provide pain relievers, even if it is likely to shorten your life.
- Whether to donate your organs or other body parts after you die.
A living will can also clarify your preferences regarding things like how you feel about living with substantial physical and/or mental limitations, how important it is to you to remain free from significant pain, how important it is to you to be able to live independently, etc. Along with the HC POA/living will combo, Arizona Probate, LLC will prepare a HIPAA Authorization to make it much easier for medical staff to share information with your agent(s).
Time is of the essence
It is important to note that once you become incapacitated, you can no longer enter into a binding agreement, such as a POA or a living will. If you become incapacitated and you do not have one of these documents, Court involvement may be required. It is also important to note that the court appointed guardian has the right to collect fees and to retain an attorney, both of whom would be paid from the IP’s estate. Unfortunately, these fees can become quite high.
HC POAs and Living Wills are Important Tools for all Adults
Planning ahead for unforeseen accidents or illnesses is beneficial for all adults, regardless of their income or age. Arizona Probate, LLC offers inexpensive POAs; see our Services page for our rates. Julie Ruetz, the owner and operator of Arizona Probate, LLC, is also an Arizona Licensed Fiduciary, so she is qualified to act as a trustee, personal representative, conservator, guardian, or agent under a POA. Please call Julie at (520) 252-6726 if you have any questions regarding these services or her rates.
The information on this website is for informational purposes only and should not be construed as legal advice.
