An Arizona general power of attorney (GPOA) empowers an appointed individual, known as the “agent” or “attorney-in-fact,” to manage various financial matters on behalf of the principal. This non-durable form is effective immediately upon signing and remains valid until the principal revokes it, becomes incapacitated, or dies.
You can create a durable power of attorney when you want the document to be effective even if the principal becomes incapacitated, ensuring the agent can continue managing the principal’s affairs according to the terms specified within the document.
Laws — Title 14 Chapter 5 Article 5 (Powers of Attorney).
Authority (Ariz. Rev. Stat. § 14-5504) – If the principal becomes incapacitated or disabled after executing a non-durable power of attorney, the agency remains valid for the agent and others acting in good faith without knowing about the principal’s condition.
Signing Requirements (Ariz. Rev. Stat. § 14-5501) – The principal’s signature must be notarized in the presence of one witness who is not the agent, the agent’s spouse or children, or the notary public.
Presumption of Durability (Ariz. Rev. Stat. § 14-5501) – No, a power of attorney in Arizona is not considered durable by default. Specific wording is required within the document to demonstrate durability.