Table of Contents
- Download an Arizona Power of Attorney Template
- Arizona Power of Attorney Requirements
- Examples of Duties Handled
- Terms of the Document – Types of POAs
- Revoking a Power of Attorney
- Is this the same as a healthcare power of attorney?
1. Download an Arizona Power of Attorney Template
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2. Arizona Power of Attorney Requirements
As it states in A.R.S. §14-5501(A), an Arizona power of attorney is a crucial document that is used to empower a person or persons, referred to as an agent(s), to act as a proxy for another person, who is referred to as the principal.
Arizona does not have an official power of attorney form. That said, the Superior Court of Maricopa County has its own official power of attorney forms, including samples of a general power of attorney, a special power of attorney, a parental power of attorney, and a sample revocation of power of attorney. You can also find many power of attorney templates online, or you may draft your own.
A.R.S. §14-5501(D) states that in order to be considered legally binding, a power of attorney document in Arizona must meet certain requirements. To meet those requirements, the document must:
- Contain language that indicates that he or she intends to create a power of attorney and it must clearly identify the agent.
- Be signed and dated willingly by a principal that is at least 18 years of age and of sound mind (he or she must demonstrate complete mental competence and have full understanding of the nature and effect of signing the power of attorney).
- Be in writing.
- Be initialed by the principal, when related to paragraphs that benefit the agent.
- Be signed by the principal under no constraint or undue influence.
- Be signed in the presence of a notary public and at least one witness. The witness cannot be the agent’s spouse or child, nor can it be the notary public.
- Be recorded at the county recorder’s office for the public record, if the power of attorney involves a real estate transfer, in accordance with A.R.S. §33-411.01.
Power of Attorney PDF Sample
The power of attorney (POA) sample below gives “Agent” Rachelle R Forand the authority to make financial decisions in the event that “Principal” Merrill S Markham is incapacitated. Rachelle has the authority to handle issues dealing with Merrill’s property, stocks, insurance, and business.Arizona Power of Attorney (Financial)
3. Examples of Duties Handled
In Arizona, the law allows a principal to be as broad or as limited as he or she would like when granting powers to his or her agent. This means an agent can be responsible for the management and supervision of any or all of the following:
- Financial transactions
- Estate and trust matters
- Real estate
- Tax matters
- Disability and retirement benefits
4. Terms of the Document – Types of POAs
In the state of Arizona, there are different types of powers of attorney depending on what you need and how long the document needs to be in effect. The four key types of powers of attorney are:
- Durable power of attorney – In accordance with A.R.S. §14-5501(B)(1) and A.R.S. §14-5501(B)(2), this document does not terminate when the principal becomes unable to make his or her own decisions due to incapacity or incompetence. Some durable powers of attorney actually go into effect when a principal becomes disabled. The document must specify one way or the other. Durable powers of attorney terminate upon the death of the principal. A durable power of attorney must have language expressing that it is such in order to be treated as durable. If it doesn’t, it will be treated as nondurable.
- Nondurable power of attorney – This power of attorney immediately terminates when the principal loses the capacity to make his or her own decisions.
- Special power of attorney – This power of attorney is only used for one business transaction, such as selling personal or real property, on the behalf of someone else who is not available to do it his or herself. For example, the principal may be out of town on a business trip while a closing is taking place on his house. He can nominate a friend to act on his behalf via a special power of attorney.
- Parental power of attorney – Not to be confused with a paper giving custody or guardianship of a child from a parent to another adult, this power of attorney gives a non-parental adult authority over a child for a stated period of time in a given situation.
5. Revoking a Power of Attorney
In Arizona, as long as the principal maintains his or her competence, a power of attorney may be revoked at any time. However, revocation involves several steps. First of all, the revocation must be in writing and it must be delivered to the agent. If a principal is unsure of how to draft his or her own revocation, the state provides a form that can be accessed on the Arizona official state website, or on the websites of any of Arizona’s 15 counties. There are also convenient samples found online. It is a good idea to provide a copy of the revocation to any bank or business that had a copy of the original power of attorney on file.
After revocation, the principal should retrieve the original power of attorney and destroy it and all copies, though this is not required by law. If a power of attorney was recorded with the county, as in the case of a real estate transaction, the revocation will need to be recorded as well.
6. Is this the same as a healthcare power of attorney?
Arizona has specific laws when it comes to health care powers of attorney that differ from most states.
How it comes into effect
First of all, in accordance with A.R.S. §36-3221, a health care power of attorney, or an advance directive, as it is called in Arizona, is a springing document that comes into effect after a principal is unable to further speak for his or herself to ensure that his or her wishes regarding health care decisions and funeral arrangements (including body disposition) are going to be honored.
A sample exists at A.R.S. §36-3224, though no official form is provided by the state. However, in Arizona, a principal’s advance directive can be registered and electronically stored with the Secretary of State so loved ones and medical providers will have easy access to his or her wishes in the event of incapacitation.
You can find examples of advance directives online, also, if that is your preference.
Inpatient vs. Outpatient Mental Health Services
Arizona’s laws also differ in that a typical health care power of attorney document will not suffice if an agent needs to place the principal in an inpatient mental health care facility (but a regular power of attorney will suffice for outpatient mental health services).
In accordance with A.R.S. §36-3281, a mental health care power of attorney is necessary to allow such authority, and it must be drafted separately from the original health care document. It may appoint the same health care agent, or designate a different person or persons. It can be created in tandem with the regular health care power of attorney, or it may be drafted at an earlier or later date.
The following criteria are specific to mental health care powers of attorney
- The witness or notary must affirm that the principal is free from fraud or undue influence.
- The principal must initial the paragraph granting specific authority to the agent to admit him or her to a Level One Behavioral Health Facility.