Arizona Power of Attorney Forms
The Arizona Power of Attorney Forms permit an individual, known as the Principal, to transfer their decision-making powers for personal or business matters to another individual, known as the Agent. The forms may encompass a variety of decision-making powers, from those relating to medical decisions to the care of children. It is the prerogative of the Principal to decide just how specific or broad the powers granted will be.
What is an Arizona Power of Attorney?
An Arizona Power of Attorney is a legal document that sets out the conditions by which a principal will grant an agent the responsibility to act on their behalf. The manner and ways in which the agent will do so should be clearly specified in the document, as to avoid misunderstandings or mistakes. Different types of Power of Attorney forms should be used to account for the differing needs of the principal.
- Arizona Power of Attorney Laws – (Chapter 5 § 14-5501 through § 14-5507) (N.B. the laws are found halfway down the page)
- State Definition of Power of Attorney – No definition is provided by Arizona legislature.
- Signing Requirements (§ 14-5501(D)) – The signing of the power of attorney needs to be witnessed by another person in front of a notary public.
Durable (Financial) Power of Attorney Form – In the event the principal becomes incapacitated, the conditions specified in this form will continue to be upheld by the law.
General (Financial) Power of Attorney Form – The primary difference between a General and Durable Power of Attorney is that the former will no longer be upheld after the principal becomes incapacitated.
Limited (Special) Power of Attorney Form – This is the most suitable type of Power of Attorney form to use if the principal only requires the services of the agent in limited circumstances.
Medical (Health Care) Power of Attorney Form – A legal document created to set out the conditions by which an agent can act on the principal’s behalf concerning medical decisions.
Minor Child (Parental) Power of Attorney Form – When parents, for any range of reasons, cannot make decisions about their child in one or more circumstances, they can appoint a trusted individual to do so in their absence.
Motor Vehicle Power of Attorney (Form 48-1001) – Should a person want to grant decision-making powers to another for any or all matters regarding their car, they may do so using this form.
Download – Adobe PDF
Real Estate (Property) Power of Attorney Form – This form grants an agent the powers to fulfill a range of obligations relevant to the real property of the principal.
Revocation of Power of Attorney Form – Should the principal wish to terminate the Power of Attorney agreement, they are able to do so by executing this legal document.
State Tax Power of Attorney (Form 285) – A form used to pass on the responsibility of tax filing and any other specified tax-related duties from a principal to an agent.
Download – Adobe PDF
When is it Effective?
In accordance with § 14-5501, an Arizona Power of Attorney comes into effect once all four of the following requirements have been satisfied:
- The Power of Attorney form clearly indicates the principal’s intention to create a power of attorney and it also identifies the agent.
- The principal has signed or marked the Power of Attorney, or it has been signed in their name by another individual in the principal’s “conscious presence and at the principal’s direction.”
- A witness who is not the agent themselves, their spouse, children, or the notary public is present.
- The Power of Attorney “is executed and attested by its acknowledgment by the principal and by an affidavit of the witness before a notary public and evidenced by the notary public’s certificate, under official seal” in a form substantially similar to the one provided by § 14-5501(D)(4).