How do I create a power of attorney in Arizona?
Arizona maintains its own POA scheme within Title 14 (Probate) and Title 36 (Public Health).
1. Governing Law
A.R.S. §§ 14-5501 to 14-5510 (Durable Power of Attorney provisions, Probate Code). Healthcare POA at A.R.S. §§ 36-3221 to 36-3224. Not a UPOAA state.
2. Types
3. Statutory Form
Arizona does NOT publish a single statutory short form for financial POAs, but A.R.S. § 36-3224 includes a model Healthcare POA. Drafters of financial POAs must enumerate authorities clearly.
4. Execution Formalities
Under A.R.S. § 14-5501(D), a financial POA must be: (1) in writing; (2) contain words showing the principal's intent that the agent have authority; (3) signed by the principal (or in principal's presence at principal's direction); (4) witnessed by at least one adult (not the agent, agent's spouse/children, or notary); AND (5) acknowledged before a notary public. Healthcare POA under § 36-3221 requires either one witness or notarization.
5. Durability
A POA is durable when it contains language showing the principal's intent that authority continue notwithstanding subsequent disability or incapacity (A.R.S. § 14-5501(B)). NOT automatically durable.
6. Acceptance by Third Parties
Arizona does not have UPOAA's mandatory-acceptance provisions. A.R.S. § 14-5506 provides immunity for good-faith reliance by third parties. Banks may impose reasonable requirements but cannot be compelled to accept without litigation.
7. Revocation
Principal may revoke in writing at any time. Notice to agent terminates authority. Record in the County Recorder's Office if the POA was recorded for real estate. Death, divorce as to spouse-agent (per case law), or court-appointed conservator terminates.
8. Special Authorities
Express grant required for: gifting (especially over annual exclusion), beneficiary changes, trust creation/amendment, retirement-account elections. Arizona courts strictly construe POAs.
This is legal information, not legal advice.
- Bank refuses POA because witness was disqualified
- Snowbird with multi-state property needs portable POA
- Mental Health Care POA needed for principal with cognitive decline
- A.R.S. § 14-5501
- A.R.S. § 14-5506
- A.R.S. § 36-3221
- A.R.S. § 36-3224
- A.R.S. § 36-3261
- A.R.S. § 36-3281
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.