The Arizona Power of Attorney is the customary document exercised when a resident decides that they would like to appoint another individual to perform certain functions on their behalf. These functions can vary from financial matters to medical decisions depending on the type of POA utilized. Each document will require the principal to designate an attorney-in-fact (agent), prescribe the powers they wish to convey, and sign the instrument in accordance with state law.
Laws
Statutes – Arizona Revised Statutes – Title 14, Chapter 5 – Powers of Attorney (§ 14.5501 – 14.5507) and Arizona Revised Statutes – Title 36, Chapter 32 – Living Wills and Health Care Directives (§ 36.3201 – 36.3296)
Definitions – § 14.5501 and § 36.3201
Signing Requirements – A licensed notary and one (1) acceptable witnessing individual must verify the signing of the commitment paperwork (§ 14.5501(D)). For medical POAs, either a notary or viable witness is needed to supervise and confirm the event of the document’s execution (§ 36-3221(3)).
By Type (13)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Living Will
- Medical Power of Attorney
- Mental Health Care Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Prehospital Medical Care Directive
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive – This document combines every medical POA form and a living will for those looking to cover all their bases. The agreement guarantees your health care wishes are recorded should you become mentally or physically incapacitated.
Download: PDF
Signing Requirements: One (1) witness or notarial agent must verify the principal party’s signature (§ 36-3221(3)).
Durable (Financial) Power of Attorney – One of the most commonly utilized POAs, this form lets the principal convey various financial powers that remain valid even upon their incapacitation.
Download: PDF
Signing Requirements: The principal and a valid witness must sign in the presence of a notary public (§ 14-5501(D)).
General (Financial) Power of Attorney – This POA is almost identical to the durable version except that it provides the option of terminating upon the principal’s inability to mentally function.
Download: PDF
Signing Requirements: The party authorizing the transfer of powers and a witness must endorse the POA in front of a notary public.
Limited (Special) Power of Attorney – If the executor is not interested in providing a broad power, they can utilize this form to designate a more specific role.
Download: PDF
Signing Requirements: The document requires the signatures of the principal and a legitimate witness to be carried out in the presence of a notary public.
Living Will – Provides individuals with the opportunity to stipulate their wants regarding medical treatment if they can no longer express themselves in the future.
Download: PDF
Signing Requirements: The individual conveying the powers must endorse the form while being viewed by either one (1) witness or a notary public.
Medical Power of Attorney – Enables an attorney-in-fact to handle the health care decisions for someone else only if they can no longer think for themselves.
Download: PDF
Signing Requirements: The principal’s signature must be achieved either in front of one (1) eligible witness or a notary.
Mental Health Care Power of Attorney – This enables a person to select another individual to carry out any decision-making regarding the principal’s mental health in the event they are incapable of producing rational thoughts.
Download: PDF
Signing Requirements: A witness or notary official is required to be present at the time of the principal’s signing.
Minor Child Power of Attorney – Offers the conveyance of certain parental rights to another party who the principal trusts.
Download: PDF
Signing Requirements: The declaring party and a witness must sign under the observation of a notary public.
Motor Vehicle Power of Attorney (Form 48-1001) – People looking to have someone else either title, register, sell, or purchase a car may achieve so by fulfilling the requirements of this document.
Download: PDF
Signing Requirements: Can either be signed in the presence of a notary public or an MVD associate.
Prehospital Medical Care Directive – Instructs first responders that the individual who put forth the document wishes not to be resuscitated upon an emergency encounter.
Download: PDF
Signing Requirements: Requires a physician’s signature and the principal’s, which is to be observed by a qualified witness or a notary public.
Real Estate Power of Attorney – Those who wish to have another individual act on their behalf regarding specific real estate transactions may carry out this agreement to authorize the transfer of rights.
Download: PDF, Word (.docx)
Signing Requirements: The assigning party and a permissible witness must supply their endorsements in the presence of a notary public.
Revocation Power of Attorney – A principal who no longer wants their agent to retain the powers delivered in a prior POA may revoke their privileges by completing this form.
Download: PDF
Signing Requirements: This is to be signed by the principal and a witnessing individual in front of a notary public.
Tax Power of Attorney – A state form that grants another party (usually an accounting firm) to handle a taxpayer’s needs concerning the filing and paying of their state taxes.
Download: PDF
Signing Requirements: Only needs to be signed by the principal and their representative receiving the powers.