What is a power of attorney?

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General definition

Arizona law does not statutorily define a general, non-durable power of attorney; the sources provided define it only in the context of digital assets, where a "power of attorney" means a record that grants an agent authority to act in the place of a principal, and a "principal" is the individual who grants that authority . The sources do not otherwise define the term.

Durable power of attorney

A durable power of attorney is a written instrument by which a principal designates another person as the principal's agent, and the instrument must contain words showing the principal's intent that the agent's authority may be exercised if the principal later becomes a person with a disability or incapacitated, and regardless of how much time has elapsed unless the instrument states a definite termination time . The required intent can be shown with statements such as "This power of attorney is not affected by subsequent disability or incapacity of the principal or lapse of time" or "This power of attorney is effective on the disability or incapacity of the principal," or similar language . A power of attorney validly executed in another U.S. jurisdiction is valid in Arizona .

To create a power of attorney for financial decisions, an adult principal may designate another adult as agent through a written power of attorney that: (1) clearly indicates the intent to create a power of attorney and clearly identifies the agent; (2) is signed or marked by the principal, or signed by another individual in the principal's conscious presence and at the principal's direction; (3) is witnessed by a person other than the agent, the agent's spouse, the agent's children, or the notary public; and (4) is acknowledged by the principal and attested by a witness affidavit before a notary public, evidenced by the notary's certificate under official seal in substantially the statutory form . These execution requirements do not apply if the principal is not a natural person or if the power of attorney is a "power coupled with an interest," meaning a power that forms part of a contract and is security for money or for the performance of a valuable act . A person whose fiduciary license has been suspended or revoked may not serve as an agent unless related to the principal by blood, adoption, or marriage, unless the license has been reinstated and is in good standing .

Health care power of attorney

An adult may designate another adult or adults to make health care decisions on that person's behalf, or to provide funeral and disposition arrangements after death, by executing a written health care power of attorney . The document must: (1) contain language clearly indicating the intent to create a health care power of attorney; (2) be dated and signed or marked by the principal; and (3) be notarized or witnessed in writing by at least one adult who affirms being present at the signing and that the person appeared to be of sound mind and free from duress . If the person is physically unable to sign or mark the document, the notary or each witness must verify on the document that the person directly indicated that the power of attorney expressed the person's wishes and that the person intended to adopt it at that time . A notary or witness may not be a person designated to make medical decisions for the principal or a person directly involved in providing health care to the principal at the time of execution . If there is only one witness, that witness may not be related to the principal by blood, marriage, or adoption and may not be entitled to any part of the principal's estate by will or by operation of law at the time of execution . Any writing meeting these requirements may be used, and a statutory sample form is available .

Revocation, termination, and notice

The death of a principal who executed a durable power of attorney does not revoke or terminate the agency as to an agent or other person who, without actual knowledge of the death, acts in good faith under the power, and such good-faith actions bind the principal's successors in interest unless otherwise invalid or unenforceable . Similarly, the disability or incapacity of a principal who executed a non-durable power of attorney does not revoke or terminate the agency as to an agent or other person who, without actual knowledge of the disability or incapacity, acts in good faith, and those actions bind the principal and the principal's successors in interest . The sample health care power of attorney form states that the directive continues in effect for all who may rely on it except those to whom the principal has given notice of its revocation . Beyond these provisions, the sources provided do not describe a general procedure for revoking a power of attorney.

For advice on creating or revoking a power of attorney in your specific situation, consult a licensed Arizona attorney.