What are Advance Directives?

Mushkatel, Gobbato, & Kile, P.L.L.C. | Estate Planning
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    An advance directive is a document that specifies your wishes if you become unable to make decisions for yourself. These include naming the person you want to take over your financial, healthcare, and other decisions, explaining what kinds of end of life care you do or do not want, and other instructions.

    The state of Arizona offers an Advance Directive Registry, which is a free database that stores certain types of advance directives. Hospitals, rescue workers, and other professionals can access the database from anywhere in the state, improving the chances that the instructions in your advance directive will be carried out even if the unexpected happens.

    The Advance Directive Registry allows for the filing of three types of advance directives:

    • Living Wills. In a living will, you can explain your wishes regarding life-prolonging medical treatments. A living will may also be known as a “medical directive” or “health care directive.” It should not be confused with a living trust, which is a method for holding and distributing property.
    • Health Care Power of Attorney. In a health care power of attorney, you give another person the power to make your medical decisions – including carrying out the decisions expressed in your living will – if you become unable to give these instructions yourself. A health care power of attorney can also be given the power to pay your medical bills and take other steps related to your care, if you wish.
    • Mental Health Power of Attorney. A mental health power of attorney appoints another person to make your mental health decisions for you if you become unable to do so. A licensed psychiatrist or psychologist must decide if you are unable to make these decisions for yourself. It also allows you to authorize or refuse certain mental health treatments.

    If you need help preparing advance directives, a will, a trust, or any other estate planning tools, the skilled Phoenix estate law attorneys at Mushkatel, Gobbato, & Kile, P.L.L.C. can help. Call us today at (480) 467-3434 for a confidential consultation.

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    About the Author

    Zachary Mushkatel

    Zachary Mushkatel is a founding attorney of Mushkatel, Gobbato, & Kile, P.L.L.C., who has practiced law in Arizona since 2004. He also practices before the U.S. District Court for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit. A graduate of the University of Arizona and the University of Minnesota Law School, he started his career as a public defender and entered private practice in criminal defense. In 2008, Zachary co-founded a firm dedicated to civil law in addition to criminal defense, and he has since expanded his practice to personal injury, estate planning and litigation, guardianships, conservatorships, probate, corporate litigation, real estate, and various civil matters. He serves on the board and faculty of the Arizona College of Trial Advocacy, and he is a past president and current member of the West Maricopa County Bar Association.