Do I Need to Have My Arizona Living Will Witnessed or Notarized?

In Arizona, you must sign your health care directives in front of a notary or at least one witness.

In Arizona, you may describe your wishes for health care in a living will and medical power of attorney. In your living will, you may describe and document the kind of health care you would like to receive if you can no longer speak for yourself. In your health care power of attorney, you may name a trusted person (called your health care agent) to make health care decisions on your behalf in case you are no longer able to do so.

Sign Your Arizona Health Care Directives in Front of a Notary or One Witness

After you create your documents, you must sign them and then either have them 1) witnessed by at least one person or 2) notarized.

If you choose to have one witness, your witness may not be:

  • any person involved in providing your health care
  • related to you by blood, marriage or adoption, or
  • entitled to any part of your estate by operation of law or under your will.

If you have two witnesses, your witnesses do not need to meet the last two requirements on the list above.

If you choose to have your document notarized, the notary may not be:

  • your health care agent, or
  • any person involved in providing your health care.

What to Do With Your Signed Health Care Directives

    After having your documents witnessed or notarized, they are legally valid. Keep the originals in your files and give copies to your agent, if you named one. To ensure that you get the health care that you want, it’s a good idea to make your wishes widely known. You might also consider giving copies of your documents to your physician, your hospital, your HMO or other insurance plan, and trusted family members and friends.

    Review your documents every few years to make sure they still reflects your wishes. Also, consider making new documents if you move to another state, get married or divorced, or if your agent is no longer able to supervise your wishes.

    Your properly finalized documents will stay in effect until you revoke them, if you ever choose to do so. The best way to revoke your documents is to do it in writing. If possible, also collect and tear up all copies that you have distributed to others. Finally, tell everyone who knows about your health care directives that you have revoked them.

    More Information

    Learn more about Living Wills and Medical Powers of Attorney.

    Learn more about Arizona Living Wills and Health Care Powers of Attorney.

    When you make a health care directive with Quicken WillMaker Plus, it will conform to Arizona law. It will also print with plain English instructions telling you how to make it legal.

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