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A.R.S. § 14-6205

Agent Designations on Bank Accounts

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

All parties on a bank account can designate an agent who manages the account on their behalf. The agent has no ownership interest in the funds. Unless the account terms say otherwise, the agent's authority survives the owner's incapacity. It ends automatically when the last surviving party dies.

Title 14, NONPROBATE TRANSFERS

azleg.gov

Adding an Agent to a Bank Account

An agency designation on a bank account is not the same as joint ownership. An agent can make deposits, withdrawals, and other transactions, but the money in the account does not belong to them. This arrangement is useful when account holders want someone to help manage finances without giving up ownership. Unlike beneficiary designations, which name someone to receive funds at death, an agency designation is about day-to-day account management.

By a writing signed by all parties, the parties may designate as an agent for all of the parties on the account a person who is not a party to the account.

A.R.S. § 14-6205(A)

Every party on the account must sign the designation. The agent must be someone who is not already a party. This keeps the roles clear: joint owners on one side, agent on the other. Financial institutions process these designations as part of their standard account setup.

What Happens During Incapacity and After Death

One of the most important features of an agency designation is what happens if the account holder becomes incapacitated. By default, the agent's authority continues through disability or incapacity. That makes this a durable arrangement, similar to a power of attorney (POA), but limited to the specific account. This is different from a checking account where someone is added as a joint owner.

Unless the terms of an agency designation provide that the authority of the agent terminates on disability or incapacity of a party, the agent's authority survives disability and incapacity. The agent may act for a party with disabilities or incapacitated party until the authority of the agent is terminated.

A.R.S. § 14-6205(B)

The account terms can override this default. If the designation says authority ends on incapacity, it does. But if the form is silent, the agent stays in place.

The agent's authority always ends when the sole party or last surviving party dies. At that point, the account passes according to its ownership structure or pay-on-death designation. The agent has no further role. This is separate from beneficiary designations on life insurance or retirement accounts, which follow their own rules.

For families, an agency designation can be a practical alternative to adding someone as a joint owner. It lets a trusted person pay bills and handle transactions without creating ownership rights that could complicate estate settlement. Understanding the difference between an agent, a joint owner, and a power of attorney (POA) helps families choose the right approach for each account.

14-6205. Designation of agent; authority; termination A. By a writing signed by all parties, the parties may designate as an agent for all of the parties on the account a person who is not a party to the account. B. Unless the terms of an agency designation provide that the authority of the agent terminates on disability or incapacity of a party, the agent's authority survives disability and incapacity. The agent may act for a party with disabilities or incapacitated party until the authority of the agent is terminated. The death of the sole party or last surviving party terminates the authority of an agent.

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.

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