What Is an Arizona Power of Attorney?
An Arizona power of attorney (POA) is a binding agreement in which the principal assigns an agent to handle their affairs. This agent usually makes medical or financial decisions on behalf of the principal.
When creating the document, the principal must be at least 18 years old and of sound mind. According to AZ Rev Stat §14-5506, a power of attorney cannot be created by an individual who doesn’t meet the requirements for capacity. The principal must have the ability to understand the terms and effects of the arrangement.
Use our free Arizona power of attorney templates to outline your agent’s authority. Our state-compliant forms allow you to name a trusted individual to act on your behalf.
Types of Powers of Attorney in Arizona
Arizona recognizes different types of powers of attorney, allowing you to find a document to fit your needs. Consider which arrangement can help you achieve your desired goals. Compare the following types of powers of attorney in the state of Arizona.
Durable vs. Non-Durable
Arizona allows for both durable and non-durable power of attorney forms. In a durable agreement, the agent maintains authority even after the principal is incapacitated. A non-durable POA revokes the agent’s rights when the principal no longer has competency.
Unlike states that follow the Uniform Power of Attorney Act, Arizona requires POAs to explicitly state their durable status. If the agreement doesn’t include durable language, it defaults to a non-durable contract upon the principal’s incompetency.
Medical
An Arizona medical power of attorney ensures someone else can make medical decisions on your behalf. This document provides instructions and protection for your care if you cannot advocate for yourself. In Arizona, a health care power of attorney can put the agent in charge of treatments, CPR, feeding tubes, and medical records. The document additionally allows your agent to receive protected medical information under HIPAA laws. The principal may choose which powers to grant or withhold and can outline the duties and limitations within the agreement.
You can also combine your healthcare POA with a living will form. The living will outlines treatments you do or don’t want to receive and states whether you wish to continue life-sustaining care under certain circumstances.
AZ Rev Stat § 32-3221 requires your medical POA to include a signature from the principal. It must also be either notarized or witnessed by at least one adult. The following parties cannot sign as a valid witness:
- agents
- healthcare providers
- employees of a healthcare provider
- anyone who is related to the principal, if there is only one witness
Financial
A financial power of attorney in Arizona is a broad legal document that allows your agent to take over your assets and make financial decisions on your behalf. You can use this financial POA to define the scope of the agent’s responsibilities and give them power for actions such as:
- accessing personal bank accounts
- managing real estate and land
- handling personal property
- overseeing businesses you own
Durable (Financial)
Allows an agent to act on your behalf if you become incapacitated.
Signing Requirements: Notary public and one witness.
Medical
Sets out how you want decisions about your medical care to be made if you are unable to make the decisions yourself.
Signing Requirements: Notary public or one witness (A.R.S. § 36-3221).
Limited (Special)
Restricts an agent to making decisions in circumstances specified in the document.
Signing Requirements: Notary public and one witness.
Non-Durable (General)
Grants an agent the power to deal with your property, business, or financial affairs.
Signing Requirements: Notary public and one witness.
Springing
“Springs” into effect in a specific situation, such as your incapacitation.
Signing Requirements: Notary public and one witness.
Vehicle (Form 48-1001)
You can authorize another person or entity to represent you legally in matters relating to your vehicles, including mobile homes and watercraft.
Signing Requirements: Notary public or a MVD agent.
Real Estate
Appoints an agent, or “attorney-in-fact,” to handle the principal's real estate transactions.
Signing Requirements: Notary public and one witness.
Tax (Form 285-I)
Authorizes an agent to represent you in tax-related issues, including filing taxes or accessing information.
Signing Requirements: Taxpayer and appointee.
Minor (Child)
A parent can nominate an agent to make decisions relating to the child’s welfare, without the power to consent to marriage or adoption of the minor.
Signing Requirements: Notary public and one witness.
Revocation
Terminates the authority granted to an agent.
Signing Requirements: Notary public and one witness.
How to Write a Power of Attorney for Arizona
Writing a power of attorney for Arizona requires you to evaluate your needs and record the conditions of the agreement. Create an effective Arizona POA with the following steps:
- Identify the principal and agent: Label the agent and principal with their full legal name, phone number, and address.
- Grant agent authorities: Select the exact authorities you want to provide and what limitations apply. Common terms include access to bank accounts, the power to make business decisions, and accepting or refusing medical treatments.
- State the type: Choose whether you want the POA to act as a durable or general (non-durable) agreement. Arizona requires a durable document to include specific language regarding its validity after the principal becomes incapacitated.
- Mark the effective date: Select the effective date to communicate when the arrangement begins. You can set your POA as effective immediately, on your chosen date, or at the time of a specific event. Unless a specific date is selected, it will be presumed that the POA becomes effective on the date it is signed.
- Add supporting information: Include information about representatives, witnesses, and an agent acknowledgment form. Also, attach supporting documents such as a living will, advance directive, or DNR for medical POAs.
Legal Templates offers a customizable and printable Arizona power of attorney form. You can create your POA in Word or PDF format to communicate your desired agent and their abilities.
Arizona Power of Attorney Requirements & Legal Considerations
Arizona state laws regarding a power of attorney dictate the terms for notarizing, filing, and revoking the document. Following local regulations helps avoid disputes and defines your agent’s responsibilities. Consider these legal requirements to enact your power of attorney forms.
Notarization
The state of Arizona requires a notarized signature and date from the principal. In addition, a valid Arizona POA needs one witness to sign in the presence of a notary public. This witness cannot be:
- the agent
- the agent’s spouse
- the agent’s child
- the notary public
- the principal’s relative or spouse
Refer to AZ Rev Stat § 14-5501 for information about the notarization and witness requirements.
Filing
Arizona doesn’t require you to file the power of attorney with the county recorder or government office. However, you may need to file the document with financial institutions to ensure access for the agent. If the POA grants the power to handle and sell real estate, you must file with the local county recorder’s office prior to the conveyance of property by the agent.
Revocation
There are a few ways to revoke an Arizona power of attorney under AZ Rev Stat § 14-5504. Some agreements may include terms within the document to terminate the agent’s powers at a specific date or when it fulfills its designated purpose. In addition, non-durable POAs end at the time of the principal’s incapacitation, and durable POAs end at the principal’s death.
You can also revoke a power of attorney at any point by providing a written notice of revocation. You may additionally create a new power of attorney which, by its terms, explicitly revokes the prior document. Create a brief revocation form and distribute it to the agent and any offices that hold a copy of the original agreement. Under Arizona law, the agent may still act on your behalf until they have received actual notice of the revocation.
