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What makes a living will valid in Arkansas?

On Behalf of | Jan 3, 2025 | Wills and Trusts

Planning for the future helps ensure healthcare providers and loved ones honor your wishes, especially if you cannot communicate them. A living will outlines your preferences for medical treatment and guides others during difficult decisions. Arkansas law defines specific steps to create a valid living will. Following these steps ensures your document complies with state laws and protects your rights.

Who can create a living will in Arkansas?

In Arkansas, individuals at least 18 years old and of sound mind can create a living will. Being of sound mind means understanding the nature and consequences of decisions and making informed choices. Healthcare professionals evaluate mental capacity if concerns about competency arise.

What information must be included in a living will?

A valid living will in Arkansas clearly outlines the individual’s wishes regarding life-sustaining treatments. These include decisions about resuscitation, mechanical ventilation, feeding tubes, and other medical interventions. The document specifies the conditions under which to withhold or withdraw these treatments, such as terminal illness or permanent unconsciousness.

How to properly sign and witness a living will

The individual creating the living will must sign it to make it legally valid. Arkansas law requires two adult witnesses to observe the signing. These witnesses cannot be related by blood, marriage, or adoption and must have no financial interest in the individual’s estate. The witnesses sign the document to confirm the voluntary creation of the living will.

Where to store and share your living will

Store the living will in a safe but accessible location. Share copies with trusted individuals, including your healthcare proxy, family members, and primary care physician. Sharing your living will ensures others know your wishes and can follow them if necessary. Meeting Arkansas’s legal requirements protects your autonomy and provides peace of mind to your loved ones.

Creating a living will demonstrates thoughtful planning and care for yourself and your loved ones. Clear and legally recognized wishes make a significant difference during critical moments.