The Arizona durable power of attorney is a document one person, the principal, uses to authorize another person, the attorney-in-fact, to represent them before governmental, financial, medical, and other institutions.
The main feature of a durable power of attorney is that it enables the attorney-in-fact to represent the principal even if the principal becomes incapacitated.
The principal should issue the Arizona durable POA in any situation where they cannot represent themselves due to their health condition, dementia, Alzheimer’s disease, lack of professional knowledge, or the fact that they are located far from where a certain action must be taken.
Durable Power of Attorney Laws & Requirements in Arizona
Laws & Requirements
Signing requirements: The Arizona durable power of attorney must be signed by the principal and one witness and acknowledged by the notary public. The witness cannot be the agent, the agent's spouse or children, or the notary public. (Arizona Rev. Stat. § 14-5501(D))
Statutory form: The state law doesn’t provide the statutory form. However, the Arizona statute provides the language requirements for the durable power of attorney in § 14-5501.
How to Fill out a Durable Power of Attorney in Arizona
#1. Designate an Agent
Firstly, you should provide your name and mailing address and the details of the agent that will represent your interests. These details often include the first and last name, mailing address, and ID number.
If necessary, you can also appoint a successor agent to represent you in case the primary agent is unable to do so.
#2. Grant Authority
In this section, you should provide the scope of authority the agent will have when representing your interests.
You can choose between three different kinds of authority:
Scope of Authority
General authority. The general authority provides that the agent can represent you before all third parties and take all the necessary actions that are in your interest without specifying the actions they can take.
Partial authority. Here, the Arizona durable power of attorney form provides a list of authorities you can delegate to the agent. You can select which authorities you want your agent to have by signing your initials before each authority you want them to have.
Specific authority. In this section, you can write the specific authority you want the agent to have, which is not provided in the Arizona durable power of attorney form.
#3. Ensure the Form is Durable
According to Arizona state law, you must add specific language when drafting a power of attorney to make it durable, as provided by § 14-5501(B).
It must provide that the power of attorney is “not affected by subsequent disability or incapacity of the principal or lapse of time” or that it is “effective on the disability or incapacity of the principal.”
#4. Sign the Form
In Arizona, the principal and one witness must both sign a durable power of attorney. As mentioned before, the witness cannot be the agent, the agent’s spouse or child, or the notary public.
#5. Notarize the Form
The notary public must also acknowledge this document. They must be present when the principal and witness sign a power of attorney and confirm their identities and the authenticity of their signatures.
#6. Store Your Durable Power of Attorney Form
You should always keep the original copy of the durable power of attorney in your possession. You can also issue additional copies for the agent and relevant third parties.
How to Revoke a Durable Power of Attorney in Arizona
The best and easiest way to revoke the Arizona durable power of attorney is to issue a revocation letter. In this letter, you will provide details about the agent and the power of attorney you are revoking, state the revocation, and sign the document.
To revoke the power of attorney, the principal must have the capacity to make decisions.
After issuing the revocation letter, you should send a copy of it to the agent and any relevant third parties, after which the revocation will take effect.