Power Of Attorney requirements in Arizona
- You must be at least 18 years old and of sound mind to create a power of attorney.
- The POA must be in writing and signed by you (the principal) or by someone acting in your presence and at your direction.
- Arizona requires notarization for a durable power of attorney to be valid, and some institutions may also require witnesses.
- To make a durable POA effective immediately, it must be notarized; if you want it to be 'springing,' you'll need to state that clearly.
- For a medical power of attorney, your agent should be at least 18 and you must sign the document, but it does not need to be notarized unless you choose to do so.
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Create your power of attorneyHow to create a Power Of Attorney in Arizona, step by step
- Decide on the type of POA you need: financial or medical, durable or non-durable.
- Choose a trusted person to be your agent. Make sure they're willing and able to act in your best interest.
- Fill out a power of attorney form that meets Arizona's requirements. You can find forms online or from an attorney.
- Sign the document in the presence of a notary public. If you're creating a medical POA, you may also want to sign in front of witnesses to avoid issues.
- Give a copy to your agent, your healthcare provider (for medical POA), and keep one in a safe place. Let your bank know if it's a financial POA.
Cost considerations
The cost depends on how you create your POA. You can use a free or low-cost online template, but having an attorney draft one typically costs $200–$500. Notarization fees are small (usually $10–$20 per signature), and there are no state filing fees for a standard POA.
Arizona POA: What to Prepare Before You Start
Before you fill out a power of attorney form in Arizona, gather the essentials and understand the signing rules to avoid delays or rejections.
- Confirm whether you need a durable POA for financial decisions (effective immediately or upon incapacity) or a medical POA for healthcare—Arizona allows both.
- Have your full legal name, date of birth, and physical address ready, as well as the agent's full name and address (agents must be at least 18).
- Decide the scope: broad or limited powers for real estate, banking, taxes, or medical decisions—consider naming a successor agent.
- You must sign the POA in the presence of a notary public; Arizona requires notarization for financial POAs, so bring two forms of ID (e.g., driver's license, passport).
- For a medical POA, you generally need two witnesses plus a notary (or two witnesses and a document signed under oath), so arrange for witnesses who are not family or healthcare providers.
- If the POA involves real estate, the agent must record it with the County Recorder's office in the county where the property is located—check for any local forms or fees.
Common questions
Does an Arizona power of attorney need to be notarized?
Yes, for a durable power of attorney (financial) to be valid in Arizona, it must be notarized. Even for a medical POA, notarization is strongly recommended to ensure acceptance by healthcare providers.
What is the difference between durable and non-durable power of attorney?
A durable POA remains in effect if you become incapacitated, while a non-durable POA automatically ends if you are no longer mentally competent. Most people choose a durable POA for long-term planning.
Can I write my own power of attorney in Arizona?
Yes, you can write your own, but it must meet state requirements to be valid. It's wise to use a form that complies with Arizona law, and consider having an attorney review it if your situation is complex.
When does a power of attorney take effect?
It depends on the document. It can take effect immediately upon signing, or you can specify that it becomes effective only if a doctor determines you're incapacitated (called a springing POA).