Living Wills vs. Advance Directives: What’s the Difference?

Planning for medical emergencies is essential for adults of all ages. However, many Arizonans confuse an advance directive with a living will, assuming the documents serve the same purpose, but they do not. Understanding the difference between an advance directive and a living will helps ensure your medical wishes are respected if you are unable to speak for yourself. It can also ease stress for your family during a crisis.

What Does an Advance Directive Mean in Arizona?

In Arizona, an advance directive is a legal document that explains your preferences for medical care if you cannot speak for yourself. It may guide doctors and loved ones during emergencies, serious illness, or unexpected situations that may require CPR, ventilators, or other life-sustaining treatments, such as feeding tubes.

An advance directive may include a healthcare power of attorney (POA), which designates someone you trust to make medical decisions on your behalf if you become unable to do so. This designation only takes effect when a physician determines you are unable to make or communicate your own healthcare decisions. Until that happens, you remain in control of your care.

What Is a Living Will in Arizona?

A living will is a type of advance directive. It is often used when someone is incapacitated and treatment decisions must be made. A living will can say whether you want treatment to continue, including life support, or stop, and under what conditions. It also helps take some of the pressure off family members during challenging situations.

Many people do not think about living wills because they feel young and healthy. Still, having a plan matters. Once you turn 18, it helps to work with a lawyer to specify what you want, how you feel about life support, and consider appointing someone to make decisions that align with your preferences in a healthcare POA.

Advance Directives vs. Living Will: What’s the Difference?

Advance directives and living wills serve different purposes. An advance directive can authorize a health care agent to make decisions when you cannot. By contrast, a living will explicitly states what kind of medical care you want, especially in critical or terminal situations where you cannot consent.

They also work in different ways. An advance directive can be used if your doctor determines you cannot make decisions, and your agent can make decisions in alignment with your wishes, given the situation. A living will is used only in end-of-life situations or when you can’t communicate or make decisions. The care you will receive under this document does not change unless you update it. No agent can make decisions on your behalf under a living will. They must be guided by the contents of the document.

How to Choose the Tool for Your Needs

Most estate planning lawyers will agree that it’s wise to have some sort of advance directive in place, though the type of document may vary depending on your circumstances. Consult an attorney for guidance on the kinds of tools available and which might be suitable for you.

Get Legal Help from an Arizona Estate Planning Lawyer

Seeking legal counsel for estate planning decisions can provide you with answers and peace of mind. At Pennington Law, PLLC, we help Arizona residents with advance care planning tailored to their personal situation. Contact us today to schedule a free consultation with a skilled estate planning attorney at our firm.