How do you make wills, living wills, and pre-nuptial agreements legally binding?
Full Question:
Answer:
In Arizona, a will shall be:
1. In writing.
2. Signed by the testator.
3. Signed by at least two witnesses.
A person who is generally competent to be a witness may act as a witness to a will. There is no requirement for a notary.>
A self-proving affidavit as provided by statute may be used at the time of the execution of the will to substantiate the validity of the execution of the will.; The affidavit should be sworn to before a notary public.
Arizona Living Will Law
36-3261. Living will; verification
A. An adult may prepare a written statement known as a living will to control the health care treatment decisions that can be made on that person's behalf. The person may use the living will as part of or instead of a health care power of attorney or to disqualify a surrogate.
B. If the living will is not part of a health care power of attorney, the person shall verify his living will in the same manner as prescribed by section 36-3221.
36-3221. Health care power of attorney; scope; requirements; limitations
A. A person who is an adult may designate another adult individual or other adult individuals to make health care decisions on that person's behalf by executing a written health care power of attorney that meets all of the following requirements:
1. Contains language that clearly indicates that the person intends to create a health care power of attorney.
2. Except as provided under subsection B, is dated and signed or marked by the person who is the subject of the health care power of attorney.
3. Is notarized or is witnessed in writing by at least one adult who affirms that the notary or witness was present when the person dated and signed;or marked the health care power of attorney, except as provided under subsection B, and that the person appeared to be of sound mind and free;from duress at the time of execution of the health care power of attorney.
B. If a person is physically unable to sign or mark a health care power of attorney, the notary or each witness shall verify on the document that the person directly indicated to the notary or witness that the power of attorney expressed the person's wishes and that the person intended to adopt the power of attorney at that time.
C. A notary or witness shall not be any of the following:
1. A person designated to make medical decisions on the principal's behalf.
2. A person directly involved with the provision of health care to the principal at the time the health care power of attorney is executed.
D. If a health care power of attorney is witnessed by only one person, that person may not be related to the principal by blood, marriage or adoption and may not be entitled to any part of the principal's estate by will or by operation of law at the time that the power of attorney is executed.
Prenuptial Agreements should be signed before a notary public. See USLF AZ-00590 for a sample agreement.
There is no requirement for any of the above (wills, living wills, and pre-nuptial; agreements) to be filed with the court until death in the case of wills and living wills, and divorce in the case of prenuptial agreements.