Skip to main content
Skip to explanation
A.R.S. § 14-5501

Creating a Valid Durable Power of Attorney

Verified April 4, 202657th Legislature, 1st Regular Session

A durable power of attorney is a written document that lets you name someone to handle money matters on your behalf. It stays valid even if you later lose the ability to act for yourself. The law requires a witness and notary to make it official.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

What Makes a Power of Attorney "Durable"

The word "durable" is the key here. A standard power of attorney can stop working if the person who created it becomes unable to act. A durable power of attorney is built to survive that scenario.

The form must contain words showing the principal's intent. In other words, it must say the authority continues even if the principal later becomes disabled or unable to act.

A durable power of attorney is a written instrument by which a principal designates another person as the principal's agent. The instrument shall contain words that demonstrate the principal's intent that the authority conferred in the durable power of attorney may be exercised: 1. If the principal is subsequently a person with a disability or incapacitated. 2. Regardless of how much time has elapsed, unless the instrument states a definite termination time.

A.R.S. § 14-5501(A)

Two common phrases work. One says the power of attorney is not affected by later disability or time. The other says it takes effect when the principal becomes disabled. Similar language also works.

Steps to Create a Valid Document

Making a valid durable power of attorney takes more than just signing a form. The document must clearly name the principal and agent.

The principal must sign it (or have someone sign for them while the principal is present and aware). A witness who is not the agent or the agent's family must also sign. Finally, a notary must notarize it with sworn statements from both the principal and witness.

A power of attorney executed in another jurisdiction of the United States is valid in this state if the power of attorney was validly executed in the jurisdiction in which it was created.

A.R.S. § 14-5501(C)

Powers of attorney created in other states also count here. They just need to follow that state's rules. This matters for people who move here or own property here while living elsewhere.

A durable power of attorney usually covers money matters and business deals. It is different from a health care power of attorney, which covers medical choices. Many estate plans include both types so that a trusted person can step in on each front.

A. A durable power of attorney is a written instrument by which a principal designates another person as the principal's agent. The instrument shall contain words that demonstrate the principal's intent that the authority conferred in the durable power of attorney may be exercised: 1. If the principal is subsequently a person with a disability or incapacitated. 2. Regardless of how much time has elapsed, unless the instrument states a definite termination time. B. The written instrument may demonstrate the principal's intent required by subsection A of this section using either of the following statements or similar language: 1. "This power of attorney is not affected by subsequent disability or incapacity of the principal or lapse of time." 2. "This power of attorney is effective on the disability or incapacity of the principal." C. A power of attorney executed in another jurisdiction of the United States is valid in this state if the power of attorney was validly executed in the jurisdiction in which it was created. D. Except as provided in section 28-370, an adult, known as the principal, may designate another adult, known as the agent, to make financial decisions on the principal's behalf by executing a written power of attorney that satisfies all of the following requirements: 1. Contains language that clearly indicates that the principal intends to create a power of attorney and clearly identifies the agent. 2. Is signed or marked by the principal or signed in the principal's name by some other individual in the principal's conscious presence and at the principal's direction. 3. Is witnessed by a person other than the agent, the agent's spouse, the agent's children or the notary public. 4. Is executed and attested by its acknowledgment by the principal and by an affidavit of the witness before a notary public and evidenced by the notary public's certificate, under official seal, in substantially the following form...

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

Get Started Today

Need Help With Your Estate Plan?

Whether you are just getting started or reviewing an existing plan, RJP Estate Planning works hand in hand with experienced estate planning counsel to help you understand your options.

(480) 346-3570