An Arizona Power of Attorney is a document that allows the principal to grant specific powers to an agent to handle certain matters.
The agent may be tasked with handling issues like the principal’s finances, medical care, and parental responsibilities. For example, if a person is unconscious due to an accident or ailment, their agent can make medical decisions on the type of treatment they should receive if presented with more than one option by the doctor. The agent must ensure that the decisions made are in accordance with the principal’s wishes. A prospective law that can be considered when filling and signing a power of attorney in Arizona is Title 36, Chapter 32 of the Arizona Revised Statute, (A.R.S. § 36-3201-3224) which governs creating an Arizona medical power of attorney.
The 11 Different Types
There are numerous types of POA in Arizona. Understanding the various powers of attorney will help ensure that the appropriate information is included in the document. It also helps ensure that both parties understand the powers being transferred and state laws surrounding them.
The following are the various type of power of attorney in Arizona:
Advance Health Care Directive
The advance health care directive is a type of power of attorney in Arizona that allows the principal to appoint a representative who will be tasked with making health care decisions on their behalf and conveying their end-of-life health care wishes. The principal should select an individual they trust, such as a spouse, family member, or a close friend. According to the statutory laws in Title 36, Chapter32 (Living Will and Health Care Directives), the agent's medical decisions must align with the principal's wishes. The advance health care directive must be signed in the presence of one witness or a notary public as indicated in § 36-3221(A)(3) and § 36-3262. There are two versions of the advance healthcare directives: the attorney general and the North Arizona healthcare version. The advance healthcare directive should be registered by filling in a registration form and sending it to the Arizona Secretary of State Office.
Download: Microsoft Word (.docx)
Durable (Financial) Power of Attorney
An Arizona durable power of attorney, also known as the financial POA, is a document whereby the principal appoints an agent to handle their financial matters on their behalf. 'Durable powers' means that the power of attorney remains in effect even if the principal becomes incapacitated. According to § 14-5501 to 14-5507 (Power of Attorney) ARS 5501(B)(1), the language used in the document must reflect the principal's intent to make the power of attorney durable. For the durable power of attorney in Arizona to be valid, the principal and a witness must sign it in the presence of a notary public as outlined in A.R.S. § 14-5501(D)(3). It also states that the witness cannot be the agent, spouse, children, or the notary public. There are no statutory forms by the state. The principal can revoke the powers by signing a revocation form or upon the principal's death.
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney
Another type of power of attorney in Arizona is the general financial power of attorney. It gives broad powers to the agent to act on the principal's behalf regarding financial matters. Should the principal become incapacitated, the general power of attorney is no longer effective. Therefore, it must also be created under the Power of Attorney(§§ 14-5501- 14-5507). It should be signed in the presence of one witness and notary public as indicated in A.R.S. § 14-5501.
Download: Microsoft Word (.docx)
Limited Power of Attorney
A limited power of attorney (LPOA) gives the agent authority to act on the principal's behalf regarding specific matters. The state of Arizona does not have a limited power of attorney. However, a durable power of attorney can be modified by only granting specific powers to the agent. Adequate consideration of the statutory laws indicated in the Power of Attorney( §§ 14-5501- 14-5507) must be made. A limited power of attorney must be signed in the presence of a witness and notary public as indicated in A.R.S. § 14-5501.
Download: Microsoft Word (.docx)
Living Will
A living will is a power of attorney in Arizona that spells out an individual's end life medical care preference. It is used where an individual has a terminal illness and cannot communicate their preferences themselves. It outlines whether medical staff should sustain the individual's life or withdraw it. It is signed in the presence of a witness, or a notary public as indicated in § 36-3261(b). A living will align with statutory laws indicated in § 36-3261 and § 36-3262.
Download: Microsoft Word (.docx)
Medical Power of Attorney
A medical power of attorney allows a principal to grant powers to an agent to make health care sessions on their behalf in Arizona. It is used if the principal is unable to communicate their medical choices themselves. A medical power of attorney should align with statutory laws outlined in § 36-3224. It should be signed in the presence of one witness or notary public as indicated § 36-3221(a)(3). It is often used by individuals who recently had surgery or those suffering from illnesses like Dementia or Alzheimer's
Download: Microsoft Word (.docx)
Minor Child Power of Attorney
In Arizona, a minor or child power of attorney or Delegation of Parental Powers of Attorney enables parents or guardians to grant another person temporary legal rights to decide their minor child's care. It is used if the principal is incapacitated, unavailable due to activities like traveling overseas, or unable to care for the child for other reasons. In Arizona, the agent's temporary guardianship can go up to 6 months, while active military officers can go for up to 1 year. Non-military residents of Arizona should ensure that their power of attorney adheres to the statutory laws outlined in § 14-5104, while members of the military should consider the laws outlined in § 14-5107.
Download: Microsoft Word (.docx)
The Real Estate Power of Attorney
A real estate power of attorney allows the principal to appoint an agent to act on their behalf regarding property-related matters. The agent can sell, purchase, manage and refinance the principal's properties using this type of power of attorney in Arizona. The Power of Attorney §§14-5501- 14-5507 should be considered to help ensure that statutory laws are adhered to. The real estate power of attorney should be signed in the presence of one witness and notary public as indicated in A.R.S § 14-5501.
Download: Microsoft Word (.docx)
Revocation Power of Attorney
The principal can use the revocation power of attorney to cancel and void powers that have been granted to the agent. However, the statutory law outlined in § 14-5504 must first be considered. In addition, a copy of the revocation power of attorney must be sent to relevant third parties like banks and hospitals to help inform them of the revocation of powers.
Download: Microsoft Word (.docx)
Tax Power of Attorney (285-I)
A tax power of attorney form enables the principal to authorize the agent to handle task-related matters on their behalf. The agents will be responsible for working with the Department of Finance in the state of Arizona. It is the only type that does not need to be acknowledged by a notary public or witness.
Download: Microsoft Word (.docx)
Vehicle Power of Attorney (48-1001)
A vehicle power of attorney allows the principal to appoint a representative to handle car-related matters on their behalf. The attorney-in-fact will be able to carry out tasks such as buying and selling the principal's vehicle. This type of power of attorney in Arizona can be used if the principal becomes incapacitated or disabled. However, the principal can immediately transfer the power back once the transaction has been handled. The vehicle power of attorney can be obtained from the Department of Motor Vehicles in Arizona.
Download: Microsoft Word (.docx)
How to Fill a POA Form
A power of attorney in Arizona should be filled with relevant information. Understanding how to fill out a power of attorney form will help ensure that information is appropriately outlined in the document.
The following is a step-by-step process on how to fill an Arizona power of attorney:
Choose an agent
An agent over the age of 18 should be selected. The agent selected could be a spouse, business partner, close friend, or other individual trusted by the principal. The individual selected should have a clear understanding of the principal’s interests. The principal can opt to assign more than one agent if the primary agent is unable to fulfill their duties. When choosing an agent, A.R.S § 36- 3221 and §36-3224 should be reviewed to ease the selection process.
Specify decisions
Next, the agent’s decisions on behalf of the principal should be outlined. The principal should specify what these decisions are to ensure that the agent understands the scope of the powers that have been transferred. For instance, the agent may be empowered to make medical decisions like who the principal’s primary physician will be, if pain-relieving medication should be withheld and whether artificial hydration or nutrients should be administered.
They may also be empowered to make post-death decisions like whether an autopsy should take place, if the principal’s body can be donated to research or what funeral plans should be made. Suppose limitations are not outlined in the power of attorney form according to the state of Arizona.
In that case, the agent has full authority to decide on the matter they are assigned. It is also crucial to review what state law outlines concerning the powers the principal wants to transfer. For instance, if the principal wants the agent to make medical decisions, statutory laws outlined in A.R.S. § 36-3221 and § 36-3223 should be considered.
Sign the document
Arizona’s signing of a power of attorney should be per the stipulated state laws. For example, the state will specify the number of witnesses present or whether it should be notarized. The laws also describe who can and cannot be a witness. Therefore, a specific form to Arizona should be used as it eases the principal’s ability to meet signing requirements.
Distribute copies
Lastly, copies of the power of attorney form should be distributed to a third party affected by the principal’s decision to appoint an agent. These parties include financial organizations such as banks and healthcare organizations like hospitals. The agent should also have a copy of the document.
Customizable Forms
How to Revoke Power of Attorney in Arizona?
A power of attorney in Arizona can be revoked by creating a revocation form to cancel the agent’s powers. The principal can also revoke the agent’s powers by writing a statement disqualifying the powers granted or informing the agent that their powers have been revoked. A new power of attorney can also be created with different terms, which would make the previous document void. Any action by the principal that indicates a clear intent to revoke powers should signify to the agent that the powers are no longer in effect.
Frequently Asked Questions
Power of attorney can be revoked under various situations, including if a principal of a sound mind decides to revoke it or if the principal was not of sound mind when the document was written. It can also be revoked if the principal was manipulated, under undue influence, abused, or defrauded into transferring the powers. Finally, if a court finds that the agent has abused the authority transferred to them or failed in their fiduciary responsibilities, then the judge may revoke the powers.
In the case of a minor power of attorney, an alternative would be guardianship which a court can only grant if the parents are incapacitated and not of sound mind. The agent must prove that the parent is incapacitated and that they are qualified to care for the child to get guardianship.
The state of Arizona does not provide a specific way of changing a power of attorney. However, the most effective way is by revoking the previous power of attorney and creating a new one. The new power of attorney should contain the changes the principal would like to make.
Yes, the scope of a power of attorney can be as narrow or as wide as the principal would like it to be. However, an attorney should be consulted to help ensure that the principal’s wishes are conveyed appropriately in the document.
More than one agent can have power of attorney. However, keeping the agent’s list short is advisable to avoid conflict when enacting the powers. One person can be the primary agent, while another can be an alternative agent.
The alternative agent can take over the powers if the primary agent dies. Therefore, it is advisable that when creating a power of attorney, a principal should consider appointing more than one individual.
