Power of Attorney in Arizona

Have you ever wondered who would take care of your finances or make decisions if you cannot do so for yourself? Don’t worry about leaving it up to whoever the law says has this right. Look into securing a power of attorney. This legal document allows you to prepare for any situation where you may need someone else to decide for you. With the help of an attorney in Arizona, you can easily set one up and get peace of mind today.

What Is a Power of Attorney?

The American Bar Association defines power of attorney as a document that gives the power to act on your behalf as a legal agent. This authority may either be temporary, or permanent. The result is that your designated agent can manage your affairs without your written approval.

Why Would You Need a Power of Attorney?

One common reason to establish a power of attorney (POA) is convenience. For instance, you might prefer to have someone manage your assets without needing your direct approval for every decision. A POA grants someone the authority to act on your behalf, streamlining the process by bypassing traditional checks and balances.

Another reason is the inability to make legally sound decisions yourself. A POA ensures that a trusted individual can handle important matters on your behalf. This arrangement is often used by seniors or individuals with severe physical or mental conditions that limit their ability to make informed choices.

Types of Power of Attorney

Not every POA grants the same powers to your agent. You can choose from different POAs to cater to what best suits your situation.

General Power of Attorney

A general POA grants an array of powers to the agent. This can include:

  • The ability to handle your financial matters and accounts
  • Power to manage your insurance needs
  • The ability to operate your business
  • The ability to make business decisions on your behalf
  • Power to hire or fire employees
  • The ability to settle claims against you
  • The ability to change your estate plan.

You may use this type of POA if you will be away for an extended period and need legal representation in Arizona to handle your affairs. This legal arrangement may happen during your absence. Or, it may occur in a situation where you cannot make the decisions on your own due to an illness or injury.

Special Power of Attorney

A special POA is more specific. You have the power to sign off on distinct powers granted to your agent. If you only want someone to sign off on real estate deals, for example, a limited power of attorney would be proper. You may use a special POA when you don’t have the time to deal with specific affairs due to time or health constraints.

The Judicial Branch of Arizona asserts that there are specific circumstances to create this arrangement. The legal requirements must exist, and generally, they are for one use only. An example of how this happens in everyday life would be a real estate transaction. To create this document, you must meet the following criteria:

  • 18 years of age or older
  • Arizona resident
  • Possess a sound mind
  • You have a particular use for this agreement in mind

Health Care Power of Attorney

This type of POA grants your agent the right to make all medical decisions on your behalf. It comes in handy when you are not conscious or are otherwise unable to make decisions regarding your health care. While state laws can differ, your POA could have the ability to make serious decisions, like ending life support.

You may use a health care POA if you are elderly or sick. You might find yourself in a situation where you can’t make decisions on your own. Power of attorney can transfer to your child or someone you trust so that care can continue in your best interests.

Durable Power of Attorney

A durable power of attorney enables the agent to control specified functions. DPOAs are useful if you anticipate losing your mental faculties, such as after an Alzheimer’s diagnosis. In essence, it acts as a preventative safeguard.

Arizona law describes the legal requirements that are necessary to create a DPOA. Much of the legislation deals with how to execute the agreement properly. For instance, the document needs to have the following to be legitimate:

  • Clear definition of who is the principal and the agent
  • Signed by the principal or by someone else in their presence
  • Verified by witnesses like a spouse or children
  • Evidenced by a notary public with the correct form

Choosing an Agent

The person you choose as an agent should be someone you trust. Often, people choose a family member. Your family members usually have your best interests in mind and are close to you. However, you can select any individual to be your POA. Keep in mind that whoever you choose will be in charge of managing your affairs and should be someone you trust to honor your wishes.

Appointing Multiple Agents

As principal, in Arizona you have the right to appoint multiple agents. You decide whether these agents act together or make separate decisions. Having two or more agents establishes a system of checks and balances. This procedure keeps one agent from making too rash of a judgment. However, it can also lead to discrepancies that can cause delays.

At the very least, it is crucial to have a backup POA should something happen to your primary. A successor agent can take control once the primary agent either passes away or cannot carry out the duties of an agent.

Revoking a Power of Attorney in Arizona

You have the right to revoke your power of attorney at any time as long as you are of sound mind to do so. You will need to put your revocation in writing and file it with the same place in Arizona that handled your original POA paperwork.

Another party may also try to revoke your POA. Although, that becomes a much more complex legal proceeding and would be difficult to prove in court. The person would have to show the agent has done something to jeopardize your interests.

The Judicial Branch of Arizona provides a form and instructions for revoking a POA agreement. The steps that they suggest taking include:

  • Complete the statutory form
  • Bring the document to a notary public
  • Sign in front of a notary
  • Make several copies

Using a POA to Protect Your Interests

You can insert provisions into your agreement that force your agent to report to an outside party. For example, a family accountant or a designated medical doctor could fill this role. This arrangement adds another layer of security and guarantees that another party can review decisions.

Another option is to add a third-party attorney-in-fact on a form from the Judicial Branch of Arizona. If the primary agent cannot fulfill their functions, this individual or organization can take charge. Additionally, you can designate what abilities they do and do not have. Some of the options prescribed under current law are to control:

  • Personal finances
  • Real estate
  • Personal property
  • Business transactions

Do I Need a Lawyer to File POA in Arizona?

It is wise to consult with an attorney who specializes in Arizona trust or estate issues. POA paperwork can be complex, so having a dedicated Arizona legal professional can be helpful. A lawyer can also help you add provisions that safeguard your interests when you cannot look out for yourself.

Work with an Experienced Local Lawyer in Arizona

If you want to create a power of attorney, you should begin by speaking with an attorney. We can match you with an experienced Arizona who can help you navigate your POA. We can even help you connect with an attorney across Arizona state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.

We offer coverage on other areas of Arizona law if your search has led to more questions:

Auto Accident Injury

Bankruptcy

Business Law

Child Birth Injury

Child Custody

Child Support

Consumer Law

Copyright Law

Criminal Defense

Debt Collector Harassment

Divorce Law

DUI Law

Employment Law

Eviction Law

Foreclosure Defense

Identity Theft

Immigration Law

Insurance Claims

Lemon Law

Medical Malpractice

Nursing Home Abuse

Patent Law

Personal Injury Law

Probate Law

Property Disputes

Real Estate Law

Social Security Disability

Tax Law

Traffic Law

Vaccination Injury

Workers Compensation

Workplace Discrimination

Wrongful Termination

Wills and Trusts

How It All Works

Call us or answer the questions on this site. Your category, location, and additional information will help us connect you to a legal professional and we’ll send you the results instantly.

Which Areas of Law?

We have attorneys in over 20 legal categories to choose from.

How Much Does This Cost?

We don’t charge you to be connected. Some legal categories require upfront fees while others do not. The legal professional will determine this with you before you commit to anything.