Why Every Arizona Resident Needs a Will and Power of Attorney

December 2, 2025

Why Every Arizona Resident Needs a Will and Power of Attorney

Creating a will and naming a power of attorney are two of the most important legal steps you can take to protect yourself and your loved ones. Regardless of age, health, or financial situation, these essential documents ensure your wishes are carried out clearly and legally — preventing confusion, stress, and disputes down the road.


At the Law Office of J. Marc Montijo, Ltd. we help Arizona residents craft comprehensive estate plans that safeguard their families and provide peace of mind. Our Tucson estate planning attorneys understand how personal these decisions can be, and we’re here to guide you through every detail with care and clarity.


📞  Call 520-317-8050  to schedule a consultation with an experienced Tucson will and power of attorney lawyer today.


Why Do You Need a Will?

Last Will and Testament  is the foundation of every estate plan. It determines how your property, personal belongings, and other assets are distributed after your passing.


Even if you don’t have significant wealth, having a will ensures that your wishes are respected and that your family is spared from the uncertainty and complications of intestate succession — the court process that decides who inherits your assets if you die without a will.


Here are a few key reasons to have a will in place:

  • Control over your estate:  You decide who receives your assets — not the court.
  • Protection for loved ones:  You can name guardians for minor children and dependents.
  • Reduced conflict:  A clear will helps minimize confusion and disputes among heirs.
  • Simplified process:  A valid will can help your family avoid a lengthy and costly probate process.
  • Peace of mind:  You’ll know that your affairs are in order, giving both you and your loved ones confidence for the future.


Creating a will now means giving your family one less burden to carry later. It’s one of the most thoughtful gifts you can leave behind.


What Is a Power of Attorney — and Why Is It So Important?

While a will governs what happens after you pass away, a  Power of Attorney (POA)  protects you during your lifetime. It allows you to appoint a trusted person — your “agent” or “attorney-in-fact” — to make decisions on your behalf if you become unable to do so.


There are two primary types of Powers of Attorney in Arizona:


1. Financial Power of Attorney

This document allows your chosen agent to handle financial matters such as paying bills, managing bank accounts, filing taxes, and making investment or property decisions.


2. Health Care Power of Attorney

This empowers someone you trust to make medical decisions for you if you are unable to communicate your wishes. It often works alongside a  Living Will, which outlines your specific preferences for medical treatment and end-of-life care.


Having these legal protections in place ensures that important decisions are made by someone who knows you and respects your values — not by a court-appointed guardian or distant relative.


How Wills and Powers of Attorney Work Together

A complete  estate plan  should include both a will and a power of attorney. These documents complement each other to provide protection throughout your lifetime and beyond.


  • Your  Power of Attorney  ensures your personal, medical, and financial affairs are handled according to your wishes if you become incapacitated.


  • Your  Will  ensures your assets are distributed properly after your passing.

Together, they create a roadmap that guides your loved ones through difficult times — reducing confusion, preserving relationships, and ensuring your intentions are honored.


The Benefits of Working with a Tucson Estate Planning Attorney

While there are online templates for wills and powers of attorney, they often fail to meet Arizona’s legal requirements or account for your unique situation. Working with an experienced  Tucson estate planning lawyer  ensures your documents are properly drafted, executed, and enforceable.


At the  Law Office of J. Marc Montijo, Ltd., we help you:

  • Customize a will that fits your family’s needs and values.
  • Designate reliable agents under your power of attorney.
  • Avoid costly errors or omissions.
  • Keep your documents compliant with current Arizona law.


We take the time to understand your goals and translate them into a legal plan that provides lasting peace of mind.


Start Planning for the Future Today

No one likes to think about losing control or passing away — but planning now is one of the greatest acts of care you can show your loved ones.

Our team at the  Law Office of J. Marc Montijo, Ltd.  is here to help you create a will and power of attorney that safeguard your wishes and protect your family for years to come.

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