How to Document Medical and Personal Wishes Before a Crisis
Creating advance directives and documenting personal care wishes before a health crisis is one of the most important gifts you can give your family. Here is a practical guide to what documents matter and how to create them.
No one enjoys thinking about incapacity. The conversations required to document medical wishes and personal care preferences are deeply uncomfortable, and most families put them off indefinitely, telling themselves there will be time to address it later. The problem is that later often arrives without warning, in the form of a sudden stroke, a fall, or a rapid decline that removes the ability to participate in these conversations. When families arrive at those moments without documents in place, they face agonizing decisions without guidance and often without the legal authority to act.
The most important document for senior families to have in place is a healthcare power of attorney. This document designates a person, called the healthcare agent or health care proxy, to make medical decisions on behalf of the principal if they become unable to do so themselves. In Arizona, this document must be signed in the presence of a notary public or two adult witnesses. The healthcare agent should be someone the principal trusts deeply, who understands their values and wishes, and who will be able to make difficult decisions under pressure without defaulting to maximum intervention out of guilt or uncertainty.
A living will, sometimes called an advance healthcare directive, is a separate document that records the principal's own wishes about medical treatment in specific circumstances. It typically addresses preferences regarding resuscitation, mechanical ventilation, artificial nutrition and hydration, and other forms of life-sustaining treatment. In Arizona, a living will is sometimes called a healthcare directive, and it works alongside the healthcare power of attorney to provide both a designated decision-maker and documented personal wishes for that decision-maker to follow.
A POLST form, which stands for Physician Orders for Life-Sustaining Treatment, is a clinical document rather than a legal one, but it is critically important for seniors with serious illness or advanced age. Unlike a living will, which is a personal statement of wishes, a POLST is a physician-signed medical order that is immediately actionable by emergency responders and healthcare providers. It travels with the person and is visible in medical settings. Arizona hospitals and care facilities should have a POLST on file for residents who have completed one.
For financial decisions, a durable power of attorney for finances designates a person to manage bank accounts, pay bills, make investment decisions, and handle real estate transactions on behalf of the principal. This document is separate from the healthcare power of attorney and should be prepared with the same care. If your loved one already has early signs of cognitive decline, it is urgent to complete this document now, while they retain the legal capacity to execute it.
A mobile notary can make the process of executing these documents significantly more accessible, particularly for seniors who have difficulty leaving home, who are hospitalized, or who are in a care facility. At Angel's Quill Advocacy, Kristina Gunther provides mobile notary services for healthcare-related legal documents throughout the Phoenix metropolitan area. We understand the clinical context that makes this planning so urgent and can come to you rather than adding another logistical burden to an already demanding situation.