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Arizona power of attorney
As of October 26, 2026, an Arizona financial power of attorney needs a witness who is not the agent, the agent’s spouse or child, and a notary who takes the witness’s sworn statement.1
Arizona Revised Statutes Section 14-5501 requires a power of attorney for financial decisions to be witnessed by one person other than the agent, the agent’s spouse, the agent’s children or the notary.1
When an Arizona agent signs a recordable instrument, the agent’s affidavit that the power was not revoked and the principal had not died is recordable too, once authenticated.2
Arizona at a glance
A dash or a missing box means the official pages we read do not state that rule; we never fill it in from memory.
Preview of the document
Power of Attorney
State of Arizona
1. Important notice to the principal
This power of attorney is an important legal document. It lets the person you choose (your “agent”) act for you in the money and property matters described below, which can include spending your money and selling or managing your property without asking you first.
2. Principal and agent
I, Principal, of Principal’s address (the “principal”), appoint Agent, of Agent’s address, as my agent (also called my attorney-in-fact) to act for me as stated in this power of attorney.
3. Powers granted
4. Special powers
5. Gifts
6. Benefits to my agent
7. Limits and special instructions
8. When it starts and how long it lasts
9. Revoking this power of attorney
10. Successor agent
11. Expenses and pay
12. Agent’s duties
13. People who rely on this document
14. Governing law
15. Agent’s acceptance
16. Signatures, witnesses and notary
Sections 3–16 unlock after purchase. Prepared with SimplePaperwork, which is not a law firm.
Arizona’s rules, with sources
- State form
- Section 14-5501 prints the notarial certificate in which the Arizona principal swears to signing willingly, being 18 or older and of sound mind, and the witness swears to seeing it.1
- An Arizona durable power of attorney can show durability with the statement “This power of attorney is not affected by subsequent disability or incapacity of the principal or lapse of time,” or similar language.1
- The Arizona Attorney General distributes Health Care Power of Attorney and Mental Health Care Power of Attorney forms at no cost.3
- Signing
- Arizona Revised Statutes Section 14-5501 requires a power of attorney for financial decisions to be witnessed by one person other than the agent, the agent’s spouse, the agent’s children or the notary.1
- An Arizona financial power of attorney is acknowledged by the principal and sworn to by the witness before a notary public, whose certificate goes under official seal.1
- In Arizona the principal signs or marks the power of attorney, or another person signs the principal’s name in the principal’s conscious presence and at the principal’s direction.1
- For a power of attorney used only for Arizona vehicle title and registration, a designated ADOT employee may serve as witness in place of a notary, and a notarized one needs no witness.4
- Deadlines
- An Arizona durable power of attorney stays exercisable however much time passes, unless the document states a definite termination time.1
- Acts an Arizona agent takes under a durable power of attorney while the principal is incapacitated bind the principal as if the principal had capacity.5
- The principal’s death does not end an Arizona durable power of attorney for an agent or third party who acts in good faith without actual knowledge of the death.6
- Where it is filed
- When an Arizona agent signs a recordable instrument, the agent’s affidavit that the power was not revoked and the principal had not died is recordable too, once authenticated.2
- If an Arizona court later appoints a conservator for all of the principal’s property, the agent answers to that conservator, who can revoke or amend the power of attorney.7
- Law
- Arizona’s power of attorney article does not apply to health care directives executed under Section 36-3221 and gives no health care decision-making authority.8
- Arizona treats a power of attorney signed by an adult who lacked capacity as invalid, and in a criminal case the agent must prove capacity by clear and convincing evidence.9
- An Arizona agent who obtained a power of attorney through intimidation or deception faces criminal prosecution and civil penalties under Section 46-456.9
- Arizona recognizes a power of attorney executed in another U.S. jurisdiction if it was validly executed where it was created.1
- A person whose Arizona fiduciary license was suspended or revoked may not act as anyone’s agent unless related to the principal by blood, adoption or marriage.1
Questions about an Arizona power of attorney
What does Arizona require to sign a power of attorney?
Three things at once: the principal’s signature or mark, one witness, and a notary. The witness cannot be the agent, the agent’s spouse, the agent’s children or the notary. Before the notary, the principal acknowledges the document and the witness signs a sworn affidavit, and the notary completes a certificate under official seal.
Section 14-5501 applies these steps to any power of attorney for financial decisions, durable or not. They do not apply when the principal is a business or other entity rather than a natural person, or to a power coupled with an interest.1
Does Arizona set out the wording of a power of attorney?
The statute writes out the notarial certificate in full: the principal swears to signing willingly, at 18 or older, of sound mind and free of undue influence, and the witness swears to seeing the principal sign. The rest of the document is drafted by the principal.
The Arizona Attorney General gives out Health Care and Mental Health Care Power of Attorney forms at no cost, in English and Spanish; those cover medical decisions, which the financial power of attorney statute leaves out.1,3,8
How does an Arizona power of attorney stay valid after incapacity?
It has to say so. Section 14-5501 calls for words showing the authority continues if the principal later becomes incapacitated and regardless of lapse of time, such as “This power of attorney is not affected by subsequent disability or incapacity of the principal or lapse of time.”
A springing version can say “This power of attorney is effective on the disability or incapacity of the principal.” If a court later appoints a conservator over the principal’s property, the agent answers to that conservator too.1,7
Is there a simpler Arizona power of attorney for a car title?
Yes. Section 28-370 lets a designated ADOT employee witness a power of attorney used only for vehicle title and registration; witnessed that way, it needs no notary, and a notarized one needs no witness.
A total loss settlement filed electronically with ADOT by a licensed insurer or its agent also skips the notary, with an electronic signature that meets the identity standard in the statute.4
What to have at hand
- Full legal names and addresses of principal and agent
- Which powers the agent gets, and any limits
- When it starts and whether it continues if the principal becomes incapacitated
- A successor agent, if you want one
Health care decisions usually take a separate document (a health care power of attorney or advance directive).
Frequently asked questions
Does an Arizona power of attorney cover medical decisions?
Not the financial one. Section 14-5507 says the article gives no health care decision-making authority; Arizona uses separate health care directives, and the Attorney General distributes free Health Care Power of Attorney forms.3,8
Who can witness an Arizona power of attorney?
Anyone other than the agent, the agent’s spouse, the agent’s children or the notary public taking the acknowledgment. The witness signs a sworn affidavit before the notary, in the principal’s presence and hearing.1
Is an out-of-state power of attorney valid in Arizona?
Yes, when it was validly executed in the U.S. jurisdiction where it was created.1
Where this information comes from
Arizona’s rules above come from the state’s own statutes, agency pages and forms, read on the date shown. A rule that passes its review date without a new check is removed automatically.
- Arizona Revised Statutes Section 14-5501, Durable power of attorney; creation; validity Open the official page (opens in a new tab) ↩
- Arizona Revised Statutes Section 14-5505, Continuance of durable powers of attorney by affidavit Open the official page (opens in a new tab) ↩
- Life Care Planning (Arizona Attorney General’s Office) Open the official page (opens in a new tab) ↩
- Arizona Revised Statutes Section 28-370, Oaths and acknowledgments; power of attorney Open the official page (opens in a new tab) ↩
- Arizona Revised Statutes Section 14-5502, Effect of lapse of time, disability or incapacity Open the official page (opens in a new tab) ↩
- Arizona Revised Statutes Section 14-5504, Revocation; termination; effect; notice Open the official page (opens in a new tab) ↩
- Arizona Revised Statutes Section 14-5503, Relation of agent to court appointed fiduciary Open the official page (opens in a new tab) ↩
- Arizona Revised Statutes Section 14-5507, Applicability of article Open the official page (opens in a new tab) ↩
- Arizona Revised Statutes Section 14-5506, Powers of attorney; intimidation; deception Open the official page (opens in a new tab) ↩
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