Arizona Law and Power of Attorney: What You Need to Know

If you live in Arizona and are thinking about your estate plan, one essential component is a power of attorney (POA). This legal tool allows someone you trust to act on your behalf if you become unable to manage your affairs. Arizona law provides clear statutes and forms for creating valid POAs — but it’s important to understand the rules, requirements, and best practices to ensure your documents are effective when you need them most.

What Is a Power of Attorney?

A power of attorney is a legal document that grants another person — called your agent or attorney-in-fact — the authority to act on your behalf. In Arizona, there are different types of POAs for different purposes:

Durable Financial Power of Attorney: Lets someone manage your financial affairs if you become incapacitated.
Health Care Power of Attorney: Allows someone to make medical decisions for you if you’re unable to speak for yourself.
Mental Health Care Power of Attorney: A specialized document in Arizona that allows your agent to consent to mental health treatment if necessary.
Limited or Special Power of Attorney: Grants specific authority for a limited task or period (e.g., selling a house).

Arizona’s Legal Requirements

Arizona’s power of attorney laws are governed by:

A.R.S. § 14-5501 to § 14-5507 for financial POAs
A.R.S. § 36-3221 to § 36-3228 for health care directives

To be valid under Arizona law, a POA must:

Be in writing
Be signed by the principal (the person granting authority)
Be witnessed by an adult (not the agent, healthcare provider, or a relative)
Be notarized
Clearly identify the agent and the powers granted

Arizona also provides statutory POA forms, especially for health care and mental health directives, which make compliance easier and more standardized.

Why “Durable” Matters

A durable power of attorney remains in effect even if you become incapacitated. Without the durable language, the POA ends at the moment you’re no longer able to make decisions — which defeats the purpose in many estate planning situations.

In Arizona, a POA is only durable if it specifically says so. Look for this language:

“This power of attorney shall not be affected by subsequent disability or incapacity of the principal.”

Can I Revoke a Power of Attorney?

Yes. As long as you are mentally competent, you can revoke your POA at any time by:

Creating a written revocation
Notifying your agent and anyone relying on the POA (e.g., banks or doctors)
Destroying old copies and replacing them with updated versions

Who Should You Name as Agent?

Arizona does not restrict who can serve as your agent, but it should be someone:

You trust completely
Who understands your wishes
Who is organized and available to act if needed

You can also name alternate agents in case your first choice is unavailable.

Where Should You Store It?

Arizona law does not require POAs to be recorded (except in some real estate situations), but accessibility is key. You should:

Keep the original in a safe but accessible location
Give copies to your agent(s), doctors, and relevant institutions
Consider a digital vault or secure cloud storage

When Should You Update It?

You should consider updating your POA:

If your agent’s circumstances change (they move, pass away, or become unreliable)
After a major life event (divorce, new child, illness)
Every 3–5 years, to ensure institutions will accept your document as current

Final Thoughts

A power of attorney is one of the most powerful and practical estate planning documents you can have — and Arizona law gives you the tools to create one that fits your needs. Whether you work with a lawyer or use a trusted estate planning platform, be sure your POA is legally compliant, up to date, and accessible to those who need it. Taking action now ensures you’ll be cared for later — and that your loved ones can step in with clarity and confidence.