Arizona Durable Power Of Attorney (Financial)

Last Updated: 5/19/2015

Document Description

A durable or fiscal power of attorney (POA) serves as a stand-in to provide instructions to personally nominated individuals whom you choose to make stated decisions on your behalf. These decisions revolve around financial and general matters. However, they have nothing to do with health or medical issues. It is very common that many people confuse this.

In Arizona, in order to have or create a Durable or Financial Power of Attorney, one must be at least eighteen years of age. If a document is made before someone attains that age, it is not valid and therefore, will not be upheld.

You must be of sound mind. There are numerous cases where a patient has created a power of attorney, or POA as they are often referred as, when being strongly persuaded while in the primary stages of early dementia or Alzheimer’s disease. This is exactly why it is imperative that any contracts, agreements or legal documents, must be entered into when one is in complete sound mind. Should it be called into question even one iota, there could be a horrid legal windfall in the outcome.

A Power of Attorney can be used for one or many items. An individual may want someone to act on their behalf on only a single business or fiscal matter, such as a real estate transaction. Whereas another person may desire someone to represent them in every single one of their pecuniary issues. This is completely up to and detailed by the one desiring and creating the power of attorney.

Once an Arizona Power of Attorney is put in place, in order to change or remove it, a specific legal document must be used. These are often referred to as a Revocation. So if there is a change of circumstances or mind, it is not valid to assume because it is verbally stated that it “is done." To rescind your directions, you must create a revocation of sorts.


  • AR Assist:
    Laws that govern the power of attorney in the state of Arizona are found under the Arizona statutes § 14-5501.

    SIGNATURE REQUIRMENTS:

    1. Must be signed or marked by the principal or signed in the principal's name by some other individual in the principal's conscious presence and at the principal's direction.
    2. Is witnessed by a person other than the agent, the agent's spouse, the agent's children or the notary public.
    3. Is executed and attested by its acknowledgment by the principal and by an affidavit of the witness before a notary public.



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