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Advanced Directives, Wills, and Trusts share parts of comprehensive personal and estate planning. These legal instruments enable individuals to exercise control over important aspects of their affairs when they are unable to do so personally.
An advanced directive is a legal paper that lets you say what medical care you want if you can’t speak for yourself later. In your advance directive, you can choose whether you want life-support, resuscitation, tube feeding, or certain treatments if you are seriously ill or unconscious. Life-support includes machines or treatments that keep you alive if your body cannot do so on its own—like a ventilator to help you breathe or dialysis to clean your blood. Resuscitation generally means efforts to restart your heart or breathing if they stop, such as CPR (cardiopulmonary resuscitation) or using electric shocks (defibrillation). It helps make sure your wishes are followed when you can’t communicate them. An advanced directive often works alongside an MPOA. It is important because it protects your choices and your dignity. In stressful situations, loved ones may disagree or feel unsure about what to do. An advanced directive removes the burden by giving clear instructions straight from you. It helps avoid conflict, prevents unwanted treatments, and makes sure your care matches your values, even when you may not be able to vocalize them yourself.
Advanced Directive (Living Will) Form
Steps to successfully complete this document:
- Obtain the correct form through state resources or AARP website. You can also find a copy of it here.
- Read through the form slowly and completely, ensuring you understand what kinds of medical decisions it covers, such as life support, resuscitation, and feeding tubes.
- Decide what YOU want and do not want. Think about what really matters to you if you were to be seriously injured, unconscious, or ill. There are no “right” answers on this, only what feels right to you. Be as clear as possible so doctors and loved ones do not have to guess.
- Fill out the form completely and clearly, ensuring not to skip required sections while avoiding vague answers.
- Sign the document in front of a witness or have it notarized.
- Keep the original copy safe and accessible. Make copies and distribute them to your healthcare providers, and family members if necessary.
A Will is a written document that outlines how a person’s assets, property, and personal items should be distributed after their death. It can also specify guardianship for minor children and name an executor to manage the estate.
A trust is a legal arrangement in which one party (the trustee) holds and manages assets on behalf of beneficiaries, often providing more control over how and when assets are distributed. Trusts can take effect during a person’s lifetime or after their death, depending on the type.
When creating a will or trust, you should include a clear identification of all assets, a list of beneficiaries, instructions for distribution, designation of guardians for dependents, and appointment of an executor or trustee. Considerations include understanding state laws, reviewing tax implications, updating documents as life circumstances change, and ensuring the documents are properly signed and witnessed to be legally valid. Consulting with an estate planning attorney can help address specific concerns and ensure your wishes are accurately reflected and enforceable.
A medical power of attorney (MPOA) is a legal document that allows you to name someone—called your healthcare agent or proxy—to make medical decisions for you if you become unable to communicate or make those decisions yourself. This person acts on your behalf to ensure your healthcare preferences are honored when you are incapacitated due to illness, injury, or unconsciousness.
When Is a MPOA Used?
The MPOA comes into play only when you cannot make or express your own medical choices. Common situations include severe illness, major surgery complications, or being in a coma. Until you are unable to communicate, you retain full control over your healthcare decisions.
The importance of filling out this form is that it protects you. Accidents and sudden illnesses happen at any age, and when they do, decisions may need to be made fast. An MPOA helps avoid family arguments, confusion, and delays in care. It makes sure your voice is still heard even if you cannot speak. Filling it out does not mean anything bad is going to happen, it just means you are being smart, prepared, and easing things for loved ones in the future.
Decisions a MPOA May Need to Make
Your MPOA may be asked to decide about treatments such as surgery, medications, life-support, resuscitation, tube feeding, or hospice care. They might also consent to or refuse procedures, choose doctors or facilities, and access your medical records to make informed choices according to your advance directives and stated wishes.
Considerations When Choosing a MPOA
When selecting a medical power of attorney, choose someone you trust to respect your values and wishes, even under stressful circumstances. They should be able to communicate clearly with medical staff, understand complex information, and advocate for your preferences. Consider their proximity, availability, and emotional ability to handle difficult decisions. It’s also important to discuss your wishes with them ahead of time to ensure they feel comfortable in the role and are prepared to act on your behalf. It may be appropriate to have multiple MPOAs designated.
It can be appropriate to designate more than one person as your Medical Power of Attorney (MPOA), but it’s important to understand how this arrangement works. Typically, you can name co-agents who share the authority to make medical decisions, or you can list them in order of priority—so that if the first person is unavailable or unwilling to act, the next person steps in. If you choose to have co-agents, you’ll need to specify whether they must act together (making decisions jointly) or if each can act independently. Joint decision-making can help ensure that choices reflect your wishes and provide checks and balances, but it may also slow down urgent decisions if the agents disagree. Listing agents in succession offers a clear backup if your primary agent cannot serve. When drafting your MPOA, you should clearly outline how you want your agents to work together and communicate your preferences to all involved parties.
MPOA Form
Steps to successfully complete this form:
- Get the official form, you can download the Arizona Health Care Power of Attorney form here.
- Fill it out carefully and legibly, clearly listing your medical decision-maker and any alternative people you wish to add. Make sure you understand and agree to each section.
- Sign it in front of a qualified witness or have the form notarized. If using a witness, they must be an adult who isn’t your agent, not involved in your health care, not a blood relative, and not someone who inherits from you.
- Make copies once it is signed and notarized. Give copies to your named person(s), your doctor(s) or medical clinic/hospital you go to for care, and family members and loved ones so they know who you chose and where to find said document.
- (Optional) register it with the Arizona Healthcare Directives Registry, a searchable engine where providers can access your form when it is not immediately accessible.
A Financial Power of Attorney (FPOA) is a legal document that allows you to appoint someone—known as your financial agent or attorney-in-fact—to manage your financial affairs if you become unable to do so yourself. This person is authorized to handle tasks such as paying your bills, managing bank accounts, handling investments, filing taxes, and buying or selling property on your behalf.
When Is a FPOA Used?
The FPOA goes into effect either immediately or at a future point, such as when you become incapacitated and can no longer make financial decisions. You decide how broad or limited their powers are when you create the document.
Considerations When Choosing a FPOA
When choosing a financial power of attorney, select someone you trust to act responsibly and in your best interest. Consider their financial knowledge, reliability, and ability to communicate with institutions. It’s important to discuss your expectations with them ahead of time, ensure they understand your wishes, and confirm they are comfortable with the responsibility.
FPOA Form
Steps to successfully complete this form:
- Choose the right form. There are general power of attorney forms that are null and void if you become incapacitated, and durable financial power of attorney forms that stay valid even if you become sick, confused, or incapacitated. Templates can be found through the Arizona Superior Court Self-Service Center, have an attorney draft one more tailored to your situation, or click here for a Durable (Financial) Power of Attorney Form.
- Fill it out carefully and legibly, clearly listing your medical decision-maker and any alternative people you wish to add. Make sure you understand and agree to each section.
- Sign it in front of a qualified witness or have the form notarized. If using a witness, they must be an adult who isn’t your agent, not involved in your health care, not a blood relative, and not someone who inherits from you.
- Keep the original copy safe but accessible where your loved ones and chosen person can easily find it, while providing copies banks, financial institutions, any other entities your person might deal with, and your financial advisor or attorney if applicable.
