A power of attorney in Arizona is a legal document that authorizes an agent, also called an attorney-in-fact, to act on behalf of a principal in a certain area, such as medical, parental, contractual, financial, and other matters.
This document is used when the principal is absent, ill, or needs assistance from someone with expertise in a particular area.
By choosing an agent to act on their behalf, individuals can ensure that their affairs are managed according to their wishes and best interests. Additionally, a power of attorney can be tailored to meet the specific needs of the principal, granting as much or as little authority to the agent as necessary.
Types of Power of Attorney in Arizona
Arizona Durable (Statutory) Power of Attorney Requirements
A durable power of attorney in Arizona remains in effect even if the principal becomes incapacitated. To be valid, it must be signed in front of a notary. (14-5501)
Arizona General (Financial) Power of Attorney Requirements
A notary-witnessed general power of attorney in Arizona grants an agent unlimited authority to act on behalf of the principal. This means that the agent has the power to make legal decisions, conduct business transactions, and do whatever else is specified in the document.
Arizona Limited (Special) Power of Attorney Requirements
A special power of attorney in Arizona gives the agent the legal right to represent the principal in carrying out the specified activities, such as selling or renting a property.
Arizona Parental (Minors) Power of Attorney Requirements
A notarized parental (minor) power of attorney allows a parent or guardian to temporarily delegate their parental or guardianship responsibilities to an agent. (14-5104)
The selected agent has the authority to make decisions and take actions on behalf of the minor or incapacitated person in areas such as education, health care, and financial matters.
Arizona Medical Power of Attorney Requirements
A principal can grant power to an agent to make healthcare decisions or funeral arrangements on their behalf. (36-3221)
Arizona Springing Power of Attorney Requirements
A springing power of attorney in Arizona is effective from the moment it is determined that the principal is not capable of managing his own finances or making relevant medical care decisions.
Arizona Vehicle Power of Attorney Requirements
The principal can authorize any individual over the age of 18 to take the necessary activities at the DMV to effectively complete the motor vehicle registration and title obtaining or transfer processes.
Arizona Revocation Power of Attorney Requirements
The principal has the right to revoke a power of attorney at any time for any reason or for no reason at all. However, it is crucial that the principal is of sound mind and revokes a power of attorney in writing.
The principal must deliver copies of the revocation to the agent and to any relevant financial or health institutions to inform them that the agent no longer has the authority to act on the principal's behalf.
Arizona Tax Power of Attorney Requirements
Individuals or legal entities have the option to authorize accountants or other individuals to handle their tax obligations, including tasks like:
Scope of Authorization
Filling out tax returns
Submitting tax applications
Arizona Real Estate Power of Attorney Requirements
This power of attorney in Arizona allows property owners to authorize a real estate agent or lawyer to handle the sale of the property on their behalf for various practical reasons.
Legal Requirements for a Power of Attorney in Arizona
For a power of attorney to be valid in Arizona, it must meet the following legal requirements:
Principal. A power of attorney must be granted voluntarily by an adult of sound mind. This means that they must be capable of making rational decisions and fully understand the implications of the power they are granting.
Agent. The person who is appointed to act on behalf of the principal must be an adult and always act in good faith and in the best interest of the principal.
Form. A power of attorney must be in written form and signed by the principal and two witnesses in front of a notary.
Who Can Be an Agent for a Power of Attorney in Arizona?
The selected agent must be an adult of sound mind who is trustworthy and capable of acting in the principal's best interests. This requires the agent to have the knowledge and skills to effectively execute the responsibilities outlined in a power of attorney.
While any person can be appointed as an agent as long as they meet the aforementioned requirements and are willing to accept the responsibilities of the position, it is common for family members, close friends, or legal professionals to serve as agents.
How to Create an Arizona Power of Attorney
Power of Attorney in Arizona
#1. Decide on Which Type of Document to Use
It is important to first determine the specific purpose for which you need it, as different types of powers of attorney exist to suit the varying needs of principals.
#2. Select an Agent
The choice of agent is important since this person will act on your behalf. It is important that you select an agent that you can rely on, who is trustworthy, and who is aware of their duties under the power of attorney.
#3. Define the Agent’s Powers
The principal's power of attorney should precisely outline the agent's authorized acts and responsibilities. Otherwise, there is a risk of misunderstanding and potential harm to the principal.
#4. Download & Fill in Our Form
To get started, you can download a power of attorney form from our website, select the appropriate type for your needs, and fill it out accordingly.
#5. Get it Signed & Notarized
An Arizona power of attorney is legitimate if it is signed by the principal in the presence of two witnesses who also sign in front of a notary public.
#6. Safely Store the Original Copy
Keep the original copy in a secure location and notify your family members if you cannot access the document in person.
#7. Provide Copies to Relevant Parties
To ensure that the agent can prove their status as an authorized representative, provide them with a copy of the power of attorney document.
Additionally, sharing a copy of the power of attorney with medical institutions or banks can be highly beneficial. They may require such documentation to perform transactions or make decisions on behalf of the principal.
#8. Update the Document as Needed
The principal must execute a power of attorney amendment whenever the agent's power is changed, whether the principal grants more or fewer rights.
How Long Does a Power of Attorney Last in Arizona?
A power of attorney becomes effective when the principal and witnesses sign it in front of a notary public. However, parties can specify otherwise, such as in a springing power of attorney, where the document becomes effective after a defined future event occurs.
The length of a power of attorney is negotiated between the parties, which is why it is often stated in the actual document. However, for some types, like the parental power of attorney, the length of time is set by statute (maximum 6 months).
If the document does not specify the duration, it ends when the principal revokes it, the agent resigns or becomes incapable, or the principal passes away.
Arizona Power of Attorney FAQ
The principal can authorize the agent to take action on their behalf for any matters that the principal cannot personally attend to.
As a legal document, a power of attorney authorizes the agent to carry out all legal and factual actions on behalf of the principal within the scope of the granted powers.
Yes, an Arizona power of attorney must be notarized.
Yes, it is still recommended to have a will, even if you have a power of attorney.
A power of attorney gives someone else the legal authority to act on your behalf while you are alive. On the other hand, a will says how you want your assets and any dependents to be taken care of after your death.