Arizona Power of Attorney Requirements & Free Form

Arizona requirements

• Arizona durable powers of attorney are governed by ARS 14-5501 rather than the Uniform Power of Attorney Act.
• Execution is stricter than in most states: the principal signs, the signing is witnessed, and the document is acknowledged before a notary public with the notary's certificate and seal (ARS 14-5501).
• The witness must be an adult other than the agent, the agent's spouse, the agent's children, or the notary public taking the acknowledgment.
• Durability is not automatic. The document must show intent to continue through incapacity, using language such as that it is not affected by subsequent disability or incapacity of the principal, or similar wording described in ARS 14-5501.
• Arizona does not publish a mandatory statewide financial power of attorney form; a general form like ours can be used if it is executed with the witness and notary formalities above.
• If the power of attorney will be recorded for a real estate transaction, use the full notary acknowledgment and confirm recording requirements with the county recorder.

Frequently asked questions

Does an Arizona power of attorney need both a witness and a notary?

Yes. ARS 14-5501 calls for the principal's acknowledgment before a notary plus a witness affidavit, and the witness cannot be the agent, the agent's spouse, the agent's children, or the notary. Plan the signing so a qualified adult witness and a notary are both present.

Is a power of attorney durable by default in Arizona?

No. Arizona requires express language showing the principal intends the authority to continue despite incapacity, such as stating the power is not affected by subsequent disability or incapacity. Without such language the authority may not survive incapacity.

Official sources

• https://www.azleg.gov/ars/14/05501.htm