An Arizona durable power of attorney form lets someone (the “agent”) legally act and make decisions for another person (the “principal”) in personal, financial, or business matters.
Unlike a regular non-durable power of attorney (POA), a durable power of attorney (DPOA) stays in effect even if the principal becomes incapacitated and legally can’t make their own decisions.
To give an agent power over your medical decisions if you become incapacitated, you must complete a separate form called a Medical Power of Attorney.
Arizona power of attorney forms can be made durable by including either the following or similar language:
“This power of attorney is not affected by subsequent disability or incapacity of the principal or lapse of time.” / “This power of attorney is effective on the disability or incapacity of the principal.”
- Statute: Arizona Rev. Stat. §§ 14-5501-14-5507.
- Presumed Durable: No (Arizona Rev. Stat. § 14-5501(B)).
- Signing Requirements: Requires principal’s signature as well as witnessed by a person other than the agent, the agent’s spouse, the agent’s children, or the notary public (Arizona Rev. Stat. § 14-5501(D)).
- Notarization: Requires notarization (Arizona Rev. Stat. § 14-5501(D)).
- Statutory Form: No.