A ‘Living Will’ vs. a ‘Last Will’: Why You Need Both in Arizona

What is the Difference Between a ‘Living Will’ and a ‘Last Will’?

When we talk about “making a will,” it can get confusing. You hear about a “Last Will and Testament,” but then you also hear about a “Living Will.”

Are they the same thing? No. Not at all.

Here at Knochel Law Offices, our estate planning team has been helping families in Bullhead City, Kingman, and Lake Havasu get their affairs in order for over 35 years. And we can tell you: this is the most common point of confusion.

Understanding the difference is critical. One document protects your wishes after you die. The other protects your wishes while you are still alive.

Let’s clear this up once and for all.

What is a ‘Last Will and Testament’?

A Last Will is for your STUFF.

This is the document everyone thinks of. It’s a legal document that only goes into effect after you pass away.

Its only job is to tell the world:

1. Who gets your property? (Your house in Bullhead City, your truck, your bank accounts, your tools, your jewelry.)
2. Who is in charge? This person is called the “Personal Representative” in Arizona (other states call them an “Executor”). This is the person you trust to pay your final bills and make sure your stuff gets to the right people.
3. Who gets your kids? If you have children under 18, this is the only place you can legally name a Guardian to raise them. This is the most important reason for young parents to have a will.

What happens if I die without a Last Will in Arizona? This is a bad situation. It’s called dying “intestate.” If you don’t have a will, you don’t get a say. The State of Arizona will decide who gets your things, based on a rigid, one-size-fits-all law (A.R.S. Title 14, Chapter 2).

The court will also have to appoint a Personal Representative and a Guardian for your kids, and it may not be who you would have chosen.

A Last Will is your voice after you’re gone. It’s the best way to protect your family from fighting and from the government making decisions for you.

What is a ‘Living Will’?

A Living Will is for your SELF.

This document has nothing to do with your property or your kids. A Living Will is a legal document that only works while you are still alive but are unable to speak for yourself.

A Living Will is an “advance directive.” It’s a set of instructions to your doctors and your family about your wishes for end-of-life medical care.

It answers one horrible, necessary question: “If I am in a permanent coma or have a terminal, incurable condition, do I want doctors to use ‘life-sustaining treatment’ (like a breathing machine or feeding tube) to keep my body alive?”

In your Living Will, you get to make this choice now, while you are healthy.

• You can say, “Yes, I want all measures taken.”
• You can say, “No, I only want comfort care. Do not use machines to keep me alive.”

This is a deeply personal choice. There is no right or wrong answer.

Why is this so important? If you don’t have a Living Will, the people who love you most—your spouse, your adult children, your parents—will be forced to make this impossible decision for you.

We’ve seen it happen. We’ve seen families torn apart in a hospital waiting room, arguing over what they think you would have wanted.

A Living Will is a gift to your family. It takes this terrible burden off their shoulders, because you’ve already made the decision for them.

What Are the Other Documents I Need? (The ‘Big 4’ of Estate Planning)

A Last Will and a Living Will are the two most important documents. But to have a complete plan, you really need two more.

When you work with an estate planning attorney “near me,” you should be getting a package that includes all four of these:

1. Last Will and Testament: (For your STUFF, after you die)
2. Living Will: (For your end-of-life wishes, while you’re alive)
3. Healthcare Power of Attorney (HCPOA): (For your MEDICAL decisions) This document lets you name a person (your “agent”) to make all your medical decisions if you are in the hospital and can’t make them yourself. This is for before you are at the end of your life. This person can talk to doctors, approve surgery, etc.
4. Durable (Financial) Power of Attorney (POA): (For your MONEY decisions) This document lets you name an agent to handle your finances if you can’t. This person can pay your mortgage, access your bank account, and file your taxes while you are recovering.

Why are these so important? If you are in a car accident and in the hospital for three weeks, you’re not at the “end of your life” (so your Living Will doesn’t work). But you can’t pay your APS bill or your mortgage. Without a Financial POA, your family would have to go to court and get a Conservatorship (which we’ll talk about in another post) just to pay your bills. It’s a nightmare.

A complete plan protects you while you’re sick, at the end of your life, and after you’re gone.

Key Takeaways: Living Will vs. Last Will

• Last Will = For Your STUFF. It works after you die. It names who gets your property and who raises your minor kids.
• Living Will = For Your SELF. It works while you’re alive but can’t speak. It states your wishes for end-of-life medical care (like feeding tubes or breathing machines).
• You Need Both. One document does not replace the other. They do completely different jobs.
• Get a Full Plan: The best plan also includes a Healthcare Power of Attorney (for medical decisions) and a Durable Power of Attorney (for financial decisions).

Getting your estate plan in order is one of the greatest kindnesses you can do for your family. It takes the guesswork and the burden of “what would they have wanted?” off of their shoulders during the worst time of their lives. Our team in Bullhead City has been guiding your neighbors through this process for decades.

5 Common Questions About Wills

1. What is a ‘Living Trust’ and do I need one instead of a will? A Trust is another tool. Think of it as a bucket. You put all your property (your house, your bank accounts) into the “bucket” while you are alive. When you die, the person you named as your “Trustee” just passes the items out to your family, just as you wrote in the trust. The big benefit? It avoids probate court, which can be long and expensive. A will goes through probate. A trust av-oids it. We can help you decide if a will or a trust is the best fit for you.
2. I wrote my will on a napkin. Is that legal in Arizona? Maybe! Arizona does recognize “holographic” (handwritten) wills. But to be valid, the important parts of the will must be in your own handwriting, and you must have signed it. (See A.R.S. § 14-2503). It’s a huge risk, though. It’s very easy to challenge and often causes more problems than it solves.
3. How much does an estate plan cost? It’s far less than you think. And it is definitely less than the cost of your family going to probate court without a will, which can cost thousands. We typically work on a flat-fee basis, so you know the exact cost upfront.
4. I just moved from California. Is my old will still good? Arizona will honor a will that was validly created in another state. However, your old will may not be ideal. It may name an executor who is now hundreds of miles away. More importantly, Arizona and California are both community property states, but the specifics are different. It is always the best idea to have your estate plan reviewed (and likely redone) when you move to a new state.
5. Where should I keep my will? At home, in a safe, fireproof box. You can also give a copy to your Personal Representative. We do not recommend storing your only copy in a safe deposit box. Why? Because when you die, the bank will seal the box! Your family will have to get a court order just to open it, which is the very thing you were trying to avoid.