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Living Will Lawyer Fountain Hills, AZ

The Law Office of Libby Banks > Living Will Lawyer Fountain Hills, AZ

The Law Office of Libby Banks, a premier law firm serving Fountain Hills, Arizona, is committed to guiding our clients through the intricacies of estate planning, probate, and trust matters. We also provide assistance in dealing with guardianship, powers of attorney, and child support concerns. One of the most important documents we often help our clients with is the living will, which guarantees that your healthcare preferences are honored, particularly in regard to end-of-life choices. The following information will explore the essentials of living wills, the responsibilities of a living will lawyer, and the legal specifications in the state of Arizona. We’ll also offer suggestions on selecting the appropriate attorney and how to prepare for a consultation with our knowledgeable team.

The Definition of a Living Will

A living will is a legally binding document that details your healthcare choices in case you become incapacitated. Unlike a last will and testament, which is concerned with the allocation of your assets and inheritance after your demise, a living will specifically addresses your medical care and end-of-life decisions. For instance, a living will can indicate if you want to be put on life support in the event of a coma or your preferences regarding pain management. By having a living will in place, you can offer clear instructions to your family members and healthcare providers, alleviating their burden during a challenging period.


A living will also functions in conjunction with other estate planning documents, such as a durable power of attorney and a living trust, to establish a comprehensive estate plan. This ensures both your medical and financial affairs are managed in accordance with your desires.

The Role of a Living Will Attorney

At The Law Office of Libby Banks, our responsibility is to assist you in drafting and reviewing your living will, making certain it adheres to Arizona’s legal standards. We recognize the significance of having a document that accurately represents your healthcare choices and can offer the necessary guidance to help you make well-informed decisions. Our skilled living will lawyer will also ensure that your living will is correctly executed and stored for easy access by your family, agents, and medical professionals when required. Furthermore, we can provide counsel on related issues, such as durable powers of attorney, guardianship, and living trusts, to develop a comprehensive estate plan.

Why Is a Living Will Important?

Having a living will in place offers numerous advantages. It guarantees that your healthcare and end-of-life choices are honored, even if you’re unable to express them yourself. This can grant both you and your family members peace of mind, knowing that your desires will be respected. In addition, a living will can help avoid potential disputes among family members by clearly defining your preferences. This is particularly beneficial in situations where family members might disagree on the kind of care you should receive or when dealing with blended families or divorce matters.

Choosing a Suitable Lawyer Near Fountain Hills, AZ

Choosing a suitable living will attorney for your needs is essential to ensure that your document is legally enforceable and accurately represents your preferences. The Law Office of Libby Banks suggests beginning by researching and comparing potential attorneys in the Fountain Hills area. You can ask for referrals from friends, family, or search for online testimonials. It’s also crucial to take into account the lawyer’s experience in estate planning, living wills, and other pertinent areas such as powers of attorney, guardianship of children, and tax concerns.


After you’ve narrowed down your choices, arrange an initial consultation to discuss your requirements and ascertain if the lawyer is suitable for your circumstances. During this meeting, you can also ask about the attorney’s experience in handling unique family situations, like blended families or divorce, and how these scenarios may affect your estate plan.

Understanding Legal Fees

The expense of retaining a living will attorney can differ depending on several factors, including the intricacy of your case, the lawyer’s experience, and the range of services needed. Some lawyers might charge a fixed fee for preparing a living will, while others may bill on an hourly basis. At The Law Office of Libby Banks, our goal is to provide cost-effective and clear pricing to our valued clients. During your initial consultation, we’ll discuss your specific requirements and provide you with a cost estimate for our services, taking into account all aspects of your estate plan.

What Are the Legal Criteria for a Living Will?

In the state of Arizona, specific legal criteria must be satisfied for a living will to be deemed valid. Above all else, you are required to be at least 18 years old and mentally competent when crafting the document. The living will should be in writing, containing your full name, birth date, and a concise statement of your healthcare choices. It also needs to be signed by you or another individual acting on your behalf in your presence, and it must be witnessed by a minimum of one adult who is neither a healthcare provider nor directly involved in your care. Notarizing the document may also serve as an additional method for validation.


Please be aware that while the information presented in this article is accurate when written, it is crucial to consult with a competent attorney for counsel on your particular situation. Every case is unique and laws and regulations may evolve over time. This article should not be viewed as legal advice and is not a replacement for tailored guidance from our knowledgeable attorney.

Frequent Errors to Avoid When Drafting a Living Will

There are several frequent errors to sidestep when drafting a living will, such as neglecting to update the document periodically, employing vague or ambiguous wording, not discussing your preferences with family members or healthcare professionals, and not adhering to state legal requirements. Furthermore, not taking into account the implications of divorce, child support, and guardianship issues when crafting your living will could result in difficulties later on. Collaborating with our skilled team of lawyers at The Law Office of Libby Banks, you can prevent these missteps and ensure that your living will is legally enforceable and accurately conveys your desires.

Getting Ready for Your Consultation

Before your appointment with our living will lawyer, it’s crucial to collect pertinent personal and medical data. Contemplate your preferences for medical care, such as life-prolonging treatments, pain relief, and organ donation. Make a list of any questions or concerns you may have and notify your family members about your plans to establish a living will. Be ready to discuss any distinctive family circumstances, like divorce or blended families, that could influence your estate plan. This preparation will contribute to an effective and efficient consultation with your lawyer.

What to Anticipate When Working With Our Living Will Lawyer

Collaborating with our accomplished living will attorney, can result in several favorable outcomes. Our lawyer will ensure you possess a legally enforceable living will that accurately conveys your healthcare choices. You’ll also experience increased assurance in the living will’s precision and efficacy. Furthermore, you’ll acquire a better comprehension of Arizona’s living will laws and criteria, decreasing the likelihood of disagreements or legal issues connected to your living will.


Engaging with our living will lawyer can assist you in devising a thorough estate plan that addresses other vital concerns, such as guardianship, powers of attorney, and tax planning. In the end, this can grant you and your loved ones peace of mind, knowing your desires will be honored in the event of incapacity and that your estate will be administered according to your preferences.

At The Law Office of Libby Banks, our devoted team of estate planning lawyers is dedicated to aiding clients in Fountain Hills, Phoenix, and the surrounding areas in crafting comprehensive living wills that honor their healthcare choices and end-of-life decisions. By partnering with our proficient team, you can approach the living will process with confidence and ease, ensuring all elements of your estate plan are considered, including tax planning, guardianship, and powers of attorney. If you’re prepared to initiate the creation of your living will, schedule a consultation with our law office today by calling 602-375-6752 or visit libbybanks.com. Together, we’ll make certain your wishes are observed, and your family members receive the support they need during challenging times.

Frequently Asked Questions

Q: Can The Law Office of Libby Banks assist me in appointing someone to handle my affairs if I become incapable of doing so?

A: Absolutely, our legal professionals can aid you in selecting an agent through tools like healthcare proxies and powers of attorney. These legal documents enable you to assign a trusted guardian to oversee your financial, legal, and medical matters if you become incapacitated.


Q: What estate planning options does The Law Office of Libby Banks provide?

A: Our skilled team of lawyers can guide you through various estate planning choices, such as living wills, trusts, powers of attorney, and guardianship arrangements. We customize our services to suit your specific requirements and objectives, guaranteeing a thorough and effective estate plan.


Q: Is estate planning necessary for everyone or only for those with considerable assets?

A: Estate planning is necessary for everyone, irrespective of their estate’s size. A well-designed estate plan ensures your wishes are honored during your life and after your death. It also safeguards your loved ones and offers direction on crucial decisions concerning your assets, healthcare, and beneficiaries.


Q: In the context of creating a living will or estate plan, what does “sound mind” signify?

A: Being of sound mind signifies that a person possesses the mental capacity to comprehend and make decisions about their estate plan. They must be able to grasp the nature of their assets, the intent behind their estate plan, and the consequences of their choices.


Q: Can The Law Office of Libby Banks assist with designating beneficiaries and guaranteeing my assets are allocated according to my wishes?

A: Certainly, our lawyers can help you identify beneficiaries for your assets and develop an estate plan that precisely reflects your intentions. With our support, you can ensure the comfort and peace of mind that your loved ones will be looked after as per your wishes.


Q: Can a living will address my preferences for end-of-life care and healthcare during my lifetime?

A: Indeed, a living will is a legal instrument that outlines your desired medical treatments and end-of-life care if you’re unable to express your preferences. By having a living will, you can make certain your healthcare choices are respected, and your family members and physicians receive clear guidance throughout the process.

About Fountain Hills, AZ

Fountain Hills is a town located in Maricopa County, Arizona, and is situated on the eastern edge of the Phoenix metropolitan area. The town is known for its picturesque views of the McDowell Mountains, its world-famous fountain, and its upscale golf courses. It was named after the towering man-made fountain in the center of the town, which shoots water up to 560 feet high every hour.


The town is a popular retirement destination due to its quiet and peaceful atmosphere. There are many activities and events for residents and tourists to enjoy, including hiking in the nearby McDowell Mountain Regional Park and exploring the Fountain Hills Desert Botanical Garden. Fountain Hills is served by several prominent public and private schools, and there are many shopping and dining options available. The town is also conveniently located near major highways, making it easy to access other parts of the Phoenix metropolitan area.


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