Free Arizona Durable Power of Attorney Forms

Arizona Durable Power of Attorney Laws

Arizona Revised Statutes § 14-5501: Durable Power of Attorney; Creation; Validity

This section stipulates how Arizona residents can create a durable power of attorney. You can make sure that it is durable (or remains in effect even if you become mentally incompetent or incapacitated) by adding the following clause “This power of attorney is not affected by subsequent disability or incapacity of the principal or lapse of time,” or wording to the same effect.

Signing Requirements in Arizona

In Arizona, a durable POA is considered valid when it is signed by the principal, witnessed by an adult person, and affirmed by a notary public. According to the law, the witness must not be the agent, the agent’s spouse, or children.

If the principal is unable to sign the document, the law states that it must be “signed in the principal's name by some other individual in the principal's conscious presence and at the principal's direction” (Arizona Revised Statutes § 14-5501).

How To Write a Durable POA in Arizona

Durable POAs often become necessary when the principal has a chronic illness that may eventually result in mental incapacity. However, note that the document doesn’t affect the principal’s healthcare needs.

Here are the steps in writing a durable POA in Arizona:

1. Choose an agent

When choosing an agent, consider someone you can trust implicitly. Most principals choose a family member to be their agent, be it their spouse, sibling, or child. However, one doesn’t have to limit their choice to family.

With the principal’s permission, the agent acts on the principal’s behalf. This may involve writing checks, paying bills, managing properties, and other legal and financial tasks.

2. Discuss responsibilities and compensation

Talk to your agent about the responsibilities and compensation involved. During the process, they must accept the role of agent. Their tasks and responsibilities can be as specific or as broad as you want them to be. These responsibilities must be enumerated in the form to make sure that nothing is left to interpretation. Without detailed instructions, the agent will use their own judgment to make decisions.

An agent can be compensated for taking on the responsibility. Most family members who are named agents would decline the compensation since they consider the tasks as part of their personal duties.

Agents can also get a refund for all expenses incurred when carrying out their responsibilities.

3. Download an Arizona Durable Power of Attorney template

You can get a durable POA in Arizona from local law firms or download a printable template that you can easily customize. The template already uses the required wording that makes it acceptable in Arizona. You just need to fill out the details, including all the responsibilities of your agent.

4. Sign the document

To make the document legal, sign it in front of a witness and notary public. The witness must be of legal age and shouldn’t be a blood relation of the agent.

There may be cases when the principal is unable to sign the document for health reasons. If this happens, the principal must appoint someone who can sign on their behalf. The principal must also show that they are endorsing someone to sign on their behalf.

5. Use the Arizona Durable Power of Attorney

Depending on what the durable POA says, it could take effect upon signing or when medical incidents leading to mental incapacity arise. The agent should bring the document as proof when they make financial decisions on the principal’s behalf.