This guide can give you a place to start your research when you are interested in creating a Power of Attorney. A Power of Attorney is a simple document that grants specific powers to someone you trust—called an "agent" or "attorney-in-fact"—to handle certain matters for you. A Power of Attorney ends upon death the Principal (or on the end date indicated on the Power of Attorney form, or date of revocation), and cannot be used to distribute assets upon death of the Principal.

“Attorney-in-Fact” means a person named in a written power of attorney document to act on behalf of the person who signs the document, called the principal. The attorney-in-fact's power and responsibilities depend on the specific powers granted in the power of attorney document. An attorney-in-fact is an agent of the principal.

“Durable Power of Attorney” is a written instrument by which a principal designates another person as the principal’s agent.

“Non-Durable Power of Attorney” means the powers of attorney automatically end if the person who makes them loses mental capacity.

“Notary Public” means a licensed public officer who administers oaths, certifies documents, and performs other specified functions. Notaries public are usually licensed through the Secretary of State's office in the state where the notary lives. A notary public's signature and seal is required to authenticate the signatures on many legal documents – such as a Power of Attorney form.

“Principal” means, when creating a power of attorney or other legal document, the person who appoints an attorney-in-fact or agent to act on his or her behalf.

“Witness” means someone who watches another person sign a document and then adds his or her name to confirm (called "attesting") that the signature is genuine.

Arizona Revised Statutes §14-5501-5507: govern the creation and uses of Powers of Attorney.

Arizona Revised Statutes §36-3221-3224: govern the creation and uses of Health Care Powers of Attorney.

Arizona Revised Statutes §36-3281-3284: govern the creation and uses of Mental Health Care Powers of Attorney.

§13-1815: This Arizona statute governs the unlawful use of a Power of Attorney.

§14-5501: This Arizona statute governs Durable Power of Attorney creation and validity.

§14-5504: This Arizona Statute governs Durable Power of Attorney revocation and termination.

§36-3221: This Arizona statute governs Health Care Power of Attorney creation, requirements, limitations, and scope.

§36-3281: This Arizona statute governs Mental Health Care Power of Attorney scope and definition.

A person who is 18 years of age or older in Arizona and is of sound mind can use the Power of Attorney as either a principal, witness or attorney-in-fact.

The person making a power of attorney must be of sound mind. In other words, at the time you make a power of attorney, you must be "capable of understanding in a reasonable manner the nature and effect of the act of executing and granting the power of attorney." ARS §14-5506(D).

If the Principal is not of sound mind, they cannot sign a power of attorney.

Arizona law requires that you sign a power of attorney in the presence of a notary public. A witness must also sign a statement before a notary. This witness cannot be:

  • a person you named as an agent in the Power of Attorney
  • the agent's spouse
  • the agent's children, or
  • the notary public

Note: The Power of Attorney does not need to be filed with the Court. Each person who is made the Attorney-in-Fact/Agent should keep the original of his or her Power of Attorney form in a convenient place so that it can be located easily when needed. Many people will want to see the original Power of Attorney before permitting your Attorney-in-Fact/Agent to act on your behalf. At times, a copy of the Power of Attorney may be requested in connection with a particular transaction, but the Attorney-in-Fact/Agent should never release the original.

The Superior Court in Maricopa County has created forms that you can use. Please be sure to read the checklist for each packet to ensure the forms are right for your situation.

General Power of Attorney: Use this form when you are 18 years of age or older, you live in Arizona, you are of sound mind, and you want to give another adult complete authority to act on your behalf in most situations, including personal finances, real and personal property, and a large range of business transactions. This may be used either as a General Regular Power of Attorney (has a start and end date), or a General Durable Power of Attorney (ends upon the Principal’s death or revocation).

Parental Power of Attorney: Use this form when you are 18 years of age or older, you live in Arizona, you are of sound mind, you want to give another adult temporary authority over your child(ren) in a specific situation, and the person to whom you want to give the authority is willing to accept temporary authority over your child(ren). Parental Power of Attorney is used to give another adult temporary authority over your child(ren). The Parental Power of Attorney begins on a specific date and ends not more than six months later. The only exception to the six-month period is for active military personnel, who are given one year delegation of parental authority. DO NOT USE the Parental Power of Attorney forms to give another adult guardianship or Legal Decision Making (Custody) of your child(ren).

Revocation of Power of Attorney: Use this form when you are 18 years of age or older, you live in Arizona, you are of sound mind, and you (as the Principal) want to recall or cancel a Power of Attorney previously granted.

Special Power of Attorney: Use this form when you are 18 years of age or older, you live in Arizona, you are of sound mind, and you want to give another adult authority to act on your behalf in specific situations only such as a one-time business transaction of a specific sale of real personal property. This may be used either as a Special Regular Power of Attorney (has a start and end date), or a Special Durable Power of Attorney (ends upon the Principal’s death or revocation).

The Arizona Attorney General’s Office has created several “life care” planning forms, including Power of Attorney forms.

Durable Health Care Power of Attorney: Use this form if you want to select a person, called an “agent”, to make future health care decisions for you so that if you become too ill or cannot make those decisions for yourself the person you choose, and trust can make medical decisions for you. En Español.

Durable Mental Health Care Power of Attorney: Use this form if you want to appoint a person, also referred to as your “agent”, to make future mental health care decisions for you if you become incapable of making those decisions for yourself. En Español.

These resources are available at the downtown Phoenix location, and online when indicated.

Arizona Attorney General’s Office. FAQ on Life Care Planning. 2023.

“The Durable Power of Attorney.” Robert, B. Fleming, KF 1347.A75 D87 1990.

Superior Court of Maricopa County. FAQ Power of Attorney and Related Forms. En Español.

This information is provided by the Law Library Resource Center of the Superior Court of Arizona in Maricopa County.

Contact a Reference Librarian

 

Contact the Law Library Resource Center

Last update: 2/8/2024 

Disclaimer: The information provided in these guides is for research purposes only. We do not provide legal advice. For legal advice, please speak to an attorney. These guides are reviewed and updated periodically. The most recent revision date is on the guide. There may be more current information available. These guides are intended as a starting point only and do not include all information or materials related to the topic.