Resources for Seniors

questions & answers

Question: Our living will was updated for the state of California; should it be updated for Arizona since this is our primary residence?

Answer: Under Arizona law, a health care directive is a document that is drafted to deal with a person’s future health care decisions. Because people are so mobile, Arizona law also recognizes health care directives prepared in other states, districts or territories of the United States. In order to be considered valid in Arizona, the health care directive that was prepared in California must have been valid in California at the time it was adopted, and it cannot conflict with the criminal laws of Arizona. (A.R.S. § 36-3208) It is important that everyone have documents that indicate their wishes for health care decisions and end of life decisions. Arizona law provides samples of both the health care power of attorney (A.R.S.  § 36-3224) and the living will (A.R.S. § 36-3262). Other helpful information can be found at http://www.azag.gov/seniors/life_care/FAQ.html. Please note that Arizona has a special requirement that if inpatient mental health treatment is required, the health care power of attorney must specifically provide that power and be initialed by the Principal (the person giving the right to their agent). Most states do not have that requirement.

Comments:

QUESTIONS

  • Our living will was updated for the state of California; should it be updated for Arizona since this is our primary residence?

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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