A.R.S. § 14-5506

Protections Against Intimidation and Deception in Powers of Attorney

Verified April 4, 2026 • 57th Legislature, 1st Regular Session

Arizona law makes it a criminal offense to obtain a power of attorney through intimidation or deception. If the principal lacked capacity when they signed, the document is invalid. The statute also protects third parties who deal with an agent in good faith.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

Criminal and Civil Consequences for Abuse

A power of attorney is built on trust. When someone abuses that trust by pressuring or deceiving a vulnerable person into signing, Arizona law provides both criminal and civil remedies. An agent who used intimidation or deception to procure the power of attorney faces prosecution under Arizona's criminal code and civil penalties under the state's vulnerable adult protection statute.

If the agent acted with intimidation or deception in procuring the power of attorney or any authority provided in the power of attorney, the agent is subject to prosecution under title 13 and civil penalties pursuant to section 46-456.

A.R.S. § 14-5506(A)

The statute defines intimidation broadly, including threats to withhold food, shelter, medication, or medical treatment from a vulnerable adult. This language reflects Arizona's commitment to protecting people who may be in compromised positions when signing important legal documents.

Capacity Requirements and the Burden of Proof

A power of attorney signed by someone who lacked capacity is invalid from the start. "Capacity" means the principal understood, in a reasonable manner, the nature and effect of signing and granting the power of attorney at the time they signed it.

In criminal proceedings, the agent bears the burden of proving by clear and convincing evidence that the principal had capacity. In civil cases, the burden depends on whether the principal was a vulnerable adult at the time of signing. If the challenger proves the principal was vulnerable, the agent must show capacity by clear and convincing evidence. Otherwise, the standard is a preponderance of the evidence.

Good Faith Protection for Third Parties

The statute also protects people who deal with an agent in good faith. If a bank, title company, or other institution accepts a power of attorney and processes a transaction, they are protected even if the agent's authority was later found to have been improperly obtained. This encourages third parties to honor valid-looking documents without requiring them to investigate the circumstances of signing.

A. If the agent acted with intimidation or deception in procuring the power of attorney or any authority provided in the power of attorney, the agent is subject to prosecution under title 13 and civil penalties pursuant to section 46-456. B. A power of attorney executed by an adult who does not have capacity is invalid. In a criminal proceeding, the agent has the burden of proving by clear and convincing evidence that the principal had capacity. In a civil proceeding, if the party challenging the validity of a power of attorney on the grounds of lack of capacity proves by a preponderance of the evidence that, at the time the power of attorney was executed, the principal was a vulnerable adult, the agent has the burden of proving by clear and convincing evidence that the principal had capacity. In a civil proceeding, if the party challenging the validity of a power of attorney on the basis of lack of capacity does not prove by a preponderance of the evidence that, at the time the power of attorney was executed, the principal was a vulnerable adult, the agent has the burden of proving by a preponderance of the evidence that the principal had capacity. C. A person who in good faith either assists or deals with an agent is protected as if the agent properly exercised the agent's power regardless of whether the authority of that person as the agent has been terminated. D. For the purposes of this section: 1. "Capacity" means that at the time the power of attorney was executed the principal was capable of understanding in a reasonable manner the nature and effect of the act of executing and granting the power of attorney. 2. "Intimidation" includes threatening to deprive a vulnerable adult of food, nutrition, shelter or necessary medication or medical treatment. 3. "Vulnerable adult" has the same meaning prescribed in section 46-451.

View on azleg.gov

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.

Related Statutes

§ 14-5101Key Definitions for Arizona Guardianship and Protective Proceedings

§ 14-5102Court Jurisdiction Over Guardianship and Conservatorship in Arizona

§ 14-5103Facility of Payment or Delivery to a Minor in Arizona

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