Legal Question in Wills and Trusts in Arizona

Re: RE: Wills and/or Living Wills

I would suggest that you prepare and sign a Will and a living will (which is an advance medical directive)here in Arizona, as soon as it is convenient for you to do so. Those documents will be enforceable in AZ, or IL or in any other state. There is no registry or recording of Wills done now, however, in September, the AZ Secretary of State will keep a registry of living wills, and Last Wills and Testament. Remember, a will only speaks if you pass away, and a living will only comes into play when you are deemed to be "terminal."

More important, you must have a properly drafted durable health care power of attorney, that will protect you during your life time, and enable someone to take care of you in the event that you are unable to make decisions or otherwise take care of yourself. With the passage of the new HIPPA regulations, it is essential that someone have the legal authority to access your medical records in case you are unable to give your consent, just to get you proper treatment and to make claims on your medical insurance. Do not go to a document preparer or try to get forms off the internet or from the stationery store, seldom are these forms competently prepared by anyone other than an attorney specializing in estate planning and/or elder law. The forms that are out in the public are seldom up to date nor have I seen any that were written contemplating the new HIPPA Act.

Please take action now.