Written by Benjamin Kingsley
Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.
Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.
You can find a fill-in-the-blank power of attorney template for Arizona by clicking here.
To create a valid financial power of attorney in Arizona, an individual must follow the requirements set forth in Arizona Revised Statutes (A.R.S.) § 14-5501 through § 14-5507. These statutes outline the necessary elements for a power of attorney to be legally binding in the state.
The principal (the person granting the power of attorney) must be at least 18 years old and of sound mind when creating the document. The power of attorney must be in writing and signed by the principal or by another individual in the principal’s conscious presence and at the principal’s direction. The document should clearly state the powers being granted to the agent (the person appointed to act on behalf of the principal).
Arizona law requires that a financial power of attorney be either witnessed or notarized to be valid. According to A.R.S. § 14-5501(D), the power of attorney must be either:
1. Signed by at least one adult witness other than: the agent, the notary public, the principal’s spouse, the principal’s children, or individuals who would be entitled to any part of the principal’s estate upon their death; or
2. Acknowledged before a notary public or other individual authorized by law to take acknowledgments.
It is important to note that while Arizona law allows for either witnessing or notarization, many financial institutions and other entities may require notarization for added security and authenticity. Therefore, it is generally recommended to have the document notarized to ensure its acceptance by various institutions.
The principal should carefully consider the powers they wish to grant to the agent and may include specific instructions or limitations within the document. It is advisable to consult with an attorney experienced in estate planning to ensure that the power of attorney meets all legal requirements and adequately addresses the principal’s needs and intentions.
Once completed, the original power of attorney should be kept in a safe place, and copies should be provided to the agent and any relevant financial institutions or entities with which the agent may need to interact on behalf of the principal.
Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.
Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.