Life Sustaining Statute, Arizona
Statutory Declaration in Conformance with Arizona Medical Treatment Decision Act, AZ. REV. STAT. 36-3202
DECLARATION OF __________________
Declaration made this __________ day of ________________ 20________. I, ______________, being of sound mind, willfully and artificially prolonged under the circumstances set forth below and declare that:If at any time I should have an incurable injury, disease, or illness certified to be a terminal condition by two physicians who have personally examined me, one of whom is my attending physician, and the physicians have determined that my death will occur unless life-sustaining procedures are used and if the application of life-sustaining procedures would serve only to artificially prolong the dying process, I direct that such procedures be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medication, food or fluids or the performance of any medical procedures deemed necessary to provide me with comfort care.
In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this declaration shall be honored by my family and physicians as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal.I understand the full import of this declaration and I have the emotionally and mental capacity to make this declaration.
________________________________________
City of residence: _____________
County of residence: ___________
State of residence: ____________
Date: ________________________________The Declarant has been personally known to me and I believe him or her to be of sound mind.
Witness _________________________________________________
Witness _________________________________________________
Date: _________________________
Statutory Declaration in Conformance with Arizona Medical Treatment Decision Act, AZ. REV. STAT. 36-3202
Review ListThis review list is provided to inform you about this document in question and assist you in its preparation. This simple Life Sustaining Declaration is valid in Arizona. Check with a local hospital or doctor’s office, as well as with an experienced medical attorney, to assure yourself of its compliance with current statute (s) in your state.
1. Make multiple copies. Give one to your doctor (s), the local hospital, and have others available through your attorney and family. Remember, these kinds of documents are needed in emergency situations at worst and under stressful circumstances at best. So be sure they are available to the appropriate people easily, when needed.
Frequently Asked Questions
What is the Arizona Life Sustaining Statute?
The Arizona Life Sustaining Statute refers to the statutory declaration provided under the Arizona Medical Treatment Decision Act, specifically AZ. REV. STAT. 36-3202. It allows individuals to declare their wishes regarding the withholding or withdrawal of life-sustaining procedures under certain medical conditions. The statute outlines the requirements for a valid declaration and the circumstances under which it applies.
Who can make a declaration under Arizona's life-sustaining statute?
Any individual who is of sound mind can make a declaration under Arizona's life-sustaining statute. The declaration must be made voluntarily and in accordance with the requirements set forth in AZ. REV. STAT. 36-3202. The statute does not specify age restrictions, but the declarant must be competent to make such decisions.
What conditions must be met for a declaration to take effect in Arizona?
For a declaration to take effect, two physicians must personally examine the declarant and certify that the individual has an incurable injury, disease, or illness that is a terminal condition. One of the physicians must be the attending physician. They must also determine that death will occur unless life-sustaining procedures are used, and that such procedures would only artificially prolong the dying process.
What does a declaration under Arizona law direct regarding life-sustaining procedures?
The declaration directs that life-sustaining procedures be withheld or withdrawn if the specified conditions are met. It also states that the individual be permitted to die naturally, with only the administration of medication, food or fluids, or any medical procedures deemed necessary to provide comfort care. The declaration emphasizes that the intention is for these directions to be honored by family and physicians.
Does Arizona's life-sustaining statute allow for comfort care?
Yes, the statute explicitly allows for comfort care. Even when life-sustaining procedures are withheld or withdrawn, the individual may receive medication, food or fluids, or any medical procedures necessary to provide comfort care. This ensures that the individual's comfort is maintained while allowing the natural dying process to occur.
Who is responsible for honoring a declaration under Arizona's life-sustaining statute?
The declaration states that it is the individual's intention that it be honored by their family and physicians. In the absence of the individual's ability to give directions, the family and physicians are expected to follow the declaration. The statute does not specify legal penalties for non-compliance, but it establishes the declarant's wishes as paramount.
What is the role of physicians in the Arizona life-sustaining statute?
Physicians play a critical role: two physicians, one being the attending physician, must personally examine the patient and certify that the patient has a terminal condition. They must also determine that death will occur without life-sustaining procedures and that such procedures would only artificially prolong the dying process. Their certification triggers the declaration's directives.
Can a declaration under Arizona's life-sustaining statute be revoked?
The provided article text does not address revocation of a declaration. The statute excerpt focuses on the creation and implementation of the declaration. For information on revocation, one should consult the full text of AZ. REV. STAT. 36-3202 or seek legal advice.
What is the difference between life-sustaining procedures and comfort care under Arizona law?
Under the statute, life-sustaining procedures are those that would only artificially prolong the dying process when an individual has a terminal condition. Comfort care, on the other hand, includes the administration of medication, food or fluids, or any medical procedures deemed necessary to provide comfort. The declaration allows for comfort care even when life-sustaining procedures are withheld or withdrawn.
Is a declaration under Arizona's life-sustaining statute legally binding?
The declaration is a legal document made in conformance with the Arizona Medical Treatment Decision Act. It expresses the individual's willful directions regarding life-sustaining procedures. While the statute indicates that it is the declarant's intention that it be honored by family and physicians, the provided text does not detail enforcement mechanisms. For legal advice, consult an attorney.
