A power of attorney (POA) allows you to choose someone you trust to make certain decisions or act on your behalf. In Arizona, you can use a POA for financial matters, health care decisions, or a limited purpose, such as handling a specific transaction.
The rules for creating a valid POA depend on the type you need. For example, Arizona financial powers of attorney generally require both a qualifying witness and notarization, while a medical power of attorney follows separate signing requirements. This guide explains the main types of power of attorney in Arizona, their legal requirements, and how to create one.
Key takeaways
- Arizona has different power of attorney options for financial, medical, mental health, and limited purposes.
- A financial POA generally requires both a qualifying witness and notarization, while a medical POA generally requires either a qualifying witness or notarization.
- A financial POA must include appropriate durability language if you want your agent’s authority to continue after you become incapacitated.
- A POA generally ends when you die and does not give your agent authority to administer your estate after death.
What is a power of attorney in Arizona?
A power of attorney is a legal document that gives another person authority to act for you. The person who creates the POA is the principal, while the person receiving the authority is the agent, also called an attorney-in-fact.
The powers you give your agent depend on the document. An agent may be authorized to manage finances, property, or other specified matters. A medical POA can instead authorize someone to make health care decisions when you cannot make or communicate those decisions yourself.
Arizona applies different laws to financial and medical POAs. Financial powers of attorney generally fall under A.R.S. § 14-5501, while medical powers of attorney are governed separately under A.R.S. § 36-3221 and related health care statutes.
What are the types of power of attorney in Arizona?
Arizona recognizes several forms of power of attorney. Some describe what your agent can do, while terms such as durable or springing describe when that authority applies or how long it lasts.
Financial power of attorney
A financial power of attorney allows your agent to handle financial matters you authorize in the document. Depending on the powers you grant, this may include paying bills, managing bank accounts or investments, handling property, filing taxes, or managing business matters.
A financial POA may give your agent broad or limited authority. It may also be durable, meaning it continues if you later become incapacitated, or nondurable, meaning the authority generally does not continue after incapacity.
Medical power of attorney in Arizona
A medical power of attorney, also called a health care power of attorney, allows you to name an adult to make health care decisions on your behalf when you are unable to make or communicate those decisions yourself. Depending on the authority you grant, your agent may make decisions about treatment, health care providers, care settings, and other medical matters.
Arizona medical POAs are governed by laws different from financial POAs. Naming someone to manage your finances does not automatically give that person authority to make medical decisions for you.
A medical POA can also work alongside other health care directives, such as a living will. A medical POA names the person who can make decisions for you, while a living will records your wishes about certain medical treatments.
Mental health care power of attorney
Arizona also recognizes a mental health care power of attorney. This document allows you to name an agent to make certain mental health treatment decisions if you are later found incapable of making those decisions yourself.
A mental health care POA can be part of a broader health care POA or created separately. Arizona has additional rules for certain powers, such as authorizing admission to an inpatient psychiatric facility.
General and special power of attorney
A general power of attorney gives an agent broad authority over the financial and legal matters listed in the document. A special power of attorney, also called a limited power of attorney, restricts the agent's authority to a particular task, transaction, or period of time.
For example, you might use a special POA to let someone sign documents for a real estate transaction while you are unavailable. Maricopa County Superior Court's forms library provides separate general and special power of attorney forms.
General and special powers of attorney describe the scope of the agent's authority. Either type may be durable if it meets Arizona's durability requirements.
Durable and springing power of attorney
A durable power of attorney remains effective even if the principal later becomes incapacitated, as long as the document contains the required language.
A springing power of attorney becomes effective only after a specified event, such as the principal's incapacity. A springing POA can also be durable, so these terms are not opposites: Durable describes whether authority survives incapacity, while springing describes when the authority begins.
Parental power of attorney
Arizona allows a parent or guardian to use a power of attorney to temporarily delegate certain powers involving the care, custody, or property of a child or ward. This authority generally cannot include consent to the minor's marriage or adoption.
Parental POAs follow their own Arizona rules and are separate from the financial and medical powers of attorney used for an adult's estate and incapacity planning.
How do I get a medical power of attorney in Arizona?
To create a medical power of attorney in Arizona, choose an adult to act as your health care agent, complete a health care POA that meets Arizona requirements, and sign or mark the document. You must generally have the document either notarized or witnessed by at least one qualifying adult.
Arizona provides health care power of attorney forms through its official life care planning resources.
Can I have both a financial and medical POA in Arizona?
Yes. A financial POA and medical POA serve different purposes, and you can have both. Your financial agent handles the financial matters you authorize, while your medical agent makes health care decisions when you cannot make or communicate those decisions yourself.
You may name the same person for both roles or choose different people.
What are Arizona power of attorney requirements?
Arizona POA requirements vary by document type. Since financial and medical POAs are most commonly used, here are their requirements.
Financial POA requirements
An Arizona financial power of attorney generally must meet the following requirements.
- Written document: The POA must clearly show that you intend to create a power of attorney and identify your agent.
- Principal's signature: You must sign or mark the document. Another person may sign your name in your direction and in your conscious presence.
- Qualifying witness: A witness must sign the POA. The witness cannot be your agent, your agent's spouse or child, or the notary.
- Notarization: You must acknowledge the POA before a notary, and the witness must provide the required affidavit before the notary.
- Durability language: If you want the POA to continue after incapacity, or take effect upon incapacity, the document must contain language showing that intent.
- Eligible agent: Arizona generally requires the principal to name another adult as agent. A person whose fiduciary license has been suspended or revoked generally cannot serve unless the person is related to the principal by blood, adoption, or marriage, or the license has been reinstated and is in good standing.
Following these requirements carefully matters because an improperly executed POA may be invalid or cause problems when the agent tries to use it.
Medical POA requirements
Arizona uses different execution rules for a medical power of attorney. An adult creating a health care POA generally must:
- Create a written document that clearly shows the intent to establish a health care power of attorney.
- Date and sign or mark the document. This can be subject to special rules if the principal is physically unable to do so.
- Have the document notarized or witnessed in writing by at least one qualifying adult.
- Choose a notary or witness who is not the named health care agent or someone directly involved in providing the principal's health care at the time the POA is signed.
- If using only one witness, choose someone who is not related to the principal by blood, marriage, or adoption and who is not entitled to inherit from the principal.
The medical agent's authority to make health care decisions generally applies while the principal is unable to make or communicate those decisions.
Does an Arizona POA need a witness?
An Arizona financial POA generally requires a qualifying witness in addition to notarization. The witness cannot be the agent, the agent's spouse or child, or the notary.
For a medical POA, Arizona generally allows the principal to use either a qualifying witness or notarization. Additional restrictions apply to who can serve as the medical POA witness.
How to get a power of attorney in Arizona
Creating a power of attorney in Arizona starts with deciding what authority you want to give and then following the signing rules for that specific POA. These five steps can help you create a document that clearly reflects your wishes and is easier for your agent and third parties to use.
Step 1: Choose the right type of POA
Start by deciding what decisions you want your agent to make. You may need a financial POA for money and property matters, a medical POA for health care decisions, or both. You can also limit your agent's authority to a specific task or make a financial POA durable so it continues if you become incapacitated.
Step 2: Choose your agent and a backup agent
Choose an adult you trust to follow your instructions and act in your best interests. Make sure the person is willing to serve and meets Arizona's eligibility requirements.
Consider naming a successor, or backup, agent as well. A backup can step in if your first choice dies, resigns, becomes unavailable, or is otherwise unable to act. If you are naming a professional fiduciary, check that the person is eligible to serve under Arizona law.
Step 3: Prepare an Arizona-compliant document
Use a form or document that fits the type of authority you want to grant and complies with Arizona law. Clearly identify yourself and your agent, describe the powers you are giving, and include any limits or special instructions.
If you want a financial POA to remain effective after incapacity, include the required durability language. Arizona will not treat a financial POA as durable unless the document shows that intent.
Step 4: Sign it according to Arizona requirements
As previously mentioned, the signing rules depend on the type of POA.
For a financial power of attorney, Arizona generally requires you to sign or mark the document, have a qualifying witness sign it, and acknowledge your signature before a notary. The witness must also complete the required affidavit before the notary.
A medical power of attorney generally must be dated and signed or marked and then either notarized or witnessed by at least one qualifying adult.
Step 5: Share and store the completed POA
Keep the original power of attorney in a secure but accessible place and tell your agent where to find it. Give copies to your agent and, when appropriate, to the banks, financial institutions, physicians, or other organizations that may need to rely on it.
Some organizations may ask to inspect the original before accepting your agent's authority, so avoid giving away the original unless there is a specific reason to do so.
Does a power of attorney have to be notarized in Arizona?
It depends on the type of POA. An Arizona financial power of attorney generally must be acknowledged before a notary and also signed by a qualifying witness. A medical power of attorney generally requires either notarization or a qualifying witness.
Arizona notaries must generally obtain a fingerprint from a person signing a power of attorney for notarization, subject to certain exceptions.
Where to find Arizona power of attorney forms
Arizona provides several court and government resources for people who want to prepare a POA themselves.
- General and special power of attorney forms: Maricopa County Superior Court's forms library provides forms for general and special powers of attorney, including regular and durable options.
- Medical power of attorney forms: The Arizona Courts Self-Service Center provides a Health Care Power of Attorney form along with other life care planning documents.
- Mental health care power of attorney forms: The Arizona Courts Self-Service Center also provides a separate Mental Health Care Power of Attorney form.
- Parental power of attorney forms: Arizona Courts and Maricopa County provide forms for temporarily delegating certain parental powers.
- Revocation forms: Maricopa County's forms library includes a power of attorney revocation packet.
Court forms can be useful for straightforward situations, but they may not fit every financial, family, or estate planning need. If your circumstances are more complex, you may need a customized document.
What is Arizona Department of Revenue Form 285?
If a search for an Arizona power of attorney form leads you to the Arizona Department of Revenue, you may come across Form 285. This form is designed for Arizona tax disclosure and representation matters.
Form 285 can authorize the department to release confidential tax information to an appointee and can grant additional authority, including power of attorney for certain Arizona tax matters. It does not replace a broader financial, medical, or estate planning POA.
When does a power of attorney take effect and end in Arizona?
When your agent can begin acting, and when that authority stops, depends on the type of POA and the terms of the document.
When a POA takes effect
A financial power of attorney may become effective when it is properly executed, on a date stated in the document, or after a specified event occurs.
For example, you can create a springing power of attorney that becomes effective upon your disability or incapacity. A durable financial POA can instead give your agent authority that continues despite later incapacity.
A medical power of attorney works differently. The health care agent is authorized to make and communicate health care decisions while you are unable to make those decisions yourself.
When a POA ends
An Arizona POA may end for several reasons, depending on the document and the type of authority involved:
- The POA reaches its expiration date. A nondurable or limited POA may include a specific end date.
- The authorized task is completed. A special power of attorney may end after the agent completes the transaction or purpose stated in the document.
- You revoke the POA. As long as you have the legal ability to revoke the authority, you can generally cancel or replace it.
- The agent can no longer serve. If your agent dies, resigns, or becomes unable to serve and you have not named a successor, there may be no agent available to exercise the authority.
- You die. A power of attorney does not give your agent authority to administer your estate after death. Arizona law does, however, protect certain good-faith actions taken by someone who acts under a durable POA without actual knowledge of the principal's death.
How to revoke a power of attorney in Arizona?
The process for revoking a POA depends on whether it covers financial or health care decisions.
For a financial POA, putting the revocation in writing provides clear evidence that you have withdrawn your agent's authority. Maricopa County Superior Court's forms library provides a dedicated revocation form and instructs users to give copies to the agent and to banks, financial institutions, or other third parties that may have relied on the original POA. If the original POA was recorded for a real estate transaction, additional recording steps may apply.
Arizona gives you more ways to revoke a health care directive. Except for special rules that apply to some mental health care powers of attorney, you may revoke a health care POA by providing written notice, orally notifying your agent or a health care provider, creating a new health care directive, or taking another action that clearly shows your intent to revoke it.
Whichever type of POA you revoke, notify the agent and anyone who has been relying on the document. Otherwise, a bank, health care provider, or other third party may not know that the agent's authority has changed.
Does an Arizona power of attorney need to be recorded?
Most Arizona powers of attorney do not need to be recorded simply to be valid. However, recording may be required when your agent will use the POA to transfer real property. In that case, record the document with the county recorder where the property is located.
Arizona's standard fee to record most documents is $30 per instrument. Check with the appropriate county recorder before filing, as requirements can vary by document or transaction.
Note: Arizona notaries must generally obtain the signer's right thumbprint in the notary journal when notarizing a power of attorney. If a right thumbprint isn't available, you may use another available fingerprint. Certain exceptions apply, including qualifying remote notarizations.
If you later revoke a POA that was recorded for real estate purposes, record the revocation as well so the public record reflects the change.
Is an out-of-state power of attorney valid in Arizona?
Generally, yes. Arizona recognizes a power of attorney executed in another U.S. jurisdiction if it was validly executed under the laws of the jurisdiction where it was created.
Arizona similarly recognizes a health care directive created in another U.S. state, district, or territory if it was valid where and when it was adopted and does not conflict with Arizona criminal law.
Even when a document is legally valid, a bank, health care provider, or other institution may review it before allowing the agent to act.
How much does a power of attorney cost in Arizona?
The cost of creating a power of attorney in Arizona depends on how you prepare and use the document.
- Court forms: Arizona court resources provide several POA forms at no cost.
- Notary fees: Arizona notaries may charge from no fee up to $10 per notarial act or signature, depending on the service.
- Recording fees: If the POA needs to be recorded, the standard Arizona recording fee for most documents is $30.
- Attorney fees: Costs vary by attorney and the document's complexity. A customized POA may cost more if it involves significant assets, business interests, real estate, or unusual powers.
How LegalZoom can help with an Arizona power of attorney?
Creating a POA involves more than choosing an agent. You also need to decide what authority to grant, when it should take effect, and whether it should remain effective if you become incapacitated.
LegalZoom's power of attorney service guides you through online questions to create a POA based on your choices. The basic power of attorney package includes the financial power of attorney, 30 days of unlimited document revisions, and secure online document storage.
If you're planning beyond a standalone POA, LegalZoom's estate planning bundles combine several related documents. Depending on the plan, these can include a last will or living trust, financial and medical powers of attorney, an advance healthcare directive, and a HIPAA authorization.
Start your power of attorney with LegalZoom, or consider speaking with an attorney if you have complex assets, business interests, family conflicts, or other circumstances that call for customized legal guidance.
FAQs about POA in Arizona
Does a power of attorney end at death in Arizona?
Yes. A power of attorney generally ends when the principal dies. The agent does not automatically gain authority to manage or distribute the deceased person's estate. Estate administration then follows the person's estate planning documents and applicable probate laws.
Arizona law protects certain good-faith actions taken under a durable POA by someone who has not yet learned of the principal's death.
Is an Arizona POA valid in another state?
It may be, but the answer depends on the other state's laws. Arizona law addresses when POAs created in other U.S. jurisdictions are valid in Arizona, but it does not control whether another state must accept an Arizona document.
If you move, own property in another state, or expect your agent to use the POA elsewhere, check that state's requirements or speak with an attorney there.
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