Arizona: Power of Attorney Requirements
The short answer
Arizona requires both a notary and a witness together — not one or the other — plus a sworn affidavit from each of them before the same notary. Arizona never adopted the Uniform Power of Attorney Act, so durability is never assumed: the document must contain specific words showing you intend the agent's authority to continue through your disability or incapacity, or to begin only then. Arizona has no fill-in statutory form; the statute prescribes only the notary and witness certificate language.
| Governing law | Arizona Revised Statutes Title 14, Chapter 5, Article 5 (§§ 14-5501 to 14-5507); Arizona has not adopted the Uniform Power of Attorney Act |
|---|---|
| Who must sign | Signed or marked by the principal, or signed in the principal's name by another individual in the principal's conscious presence and at the principal's direction (§ 14-5501(D)(2)) |
| Notarization | Required for validity, and required together with a witness (not as an alternative to one): the instrument must be acknowledged by the principal and attested by affidavit of the witness before a notary public, evidenced by the notary's certificate under official seal (§ 14-5501(D)(4)) |
| Witnesses | One witness required, who must be someone other than the agent, the agent's spouse, the agent's children, or the notary public; the witness swears an affidavit before the same notary (§ 14-5501(D)(3)-(4)) |
| Statutory form | No fill-in form for granting powers — the statute prescribes only the notary/witness acknowledgment and affidavit language that the certificate must follow 'in substantially the following form' (§ 14-5501(D)(4)) |
| Durable by default? | No — the instrument must contain words demonstrating the principal's intent that authority continue despite later disability or incapacity and regardless of elapsed time (unless it states a definite termination time); the statute supplies suggested wording (§ 14-5501(A)-(B)) |
| Springing POA allowed? | Yes — the same required intent language may instead state that the power 'is effective on the disability or incapacity of the principal,' letting it spring into effect rather than starting immediately (§ 14-5501(B)(2)) |
| Real estate extras | No separate execution step for the power of attorney itself; a sworn continuance-of-authority affidavit by the agent is separately recordable alongside a recordable instrument when the transaction requires one (§ 14-5505(B)) |
| Out-of-state POAs | Yes — a power of attorney executed in another U.S. jurisdiction is valid in Arizona if it was validly executed in the jurisdiction where it was created (§ 14-5501(C)) |
Compare this rule across all 50 states + DC →
The short answer
Arizona is one of the small number of states that never adopted the Uniform
Power of Attorney Act, and its execution rule is stricter than most: the
document must be signed by the principal, witnessed by one qualifying
witness, and then both the principal's acknowledgment and the witness's
affidavit must be taken "before a notary public and evidenced by the notary
public's certificate, under official seal" (§ 14-5501(D)). A notary alone
does not satisfy Arizona law, and neither does a witness alone — you need
both, together, in the same sitting.
Durability is never assumed either. The written instrument "shall contain
words that demonstrate the principal's intent" that the agent's authority
continue "if the principal is subsequently a person with a disability or
incapacitated" (§ 14-5501(A)). Leave that language out, and ordinary common-law
rules apply: incapacity ends the agent's authority.
Requirements one by one
Governing law
Arizona's durable power of attorney (POA) rules live in Title 14, Chapter 5,
Article 5 of the Arizona Revised Statutes (§§ 14-5501 to 14-5507). Arizona has
not enacted the Uniform Power of Attorney Act adopted by many other states, so
comparisons to that model act's structure and section numbering don't carry
over directly.
Who must sign
The principal, who "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" (§ 14-5501(D)(2)).
Notarization
Required, and required alongside a witness — not as a substitute for one.
The statute calls for the document to be "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" (§ 14-5501(D)(4)). Both the principal's acknowledgment and the
witness's affidavit happen in front of the same notary.
Witnesses
One witness, who must be "a person other than the agent, the agent's spouse,
the agent's children or the notary public" (§ 14-5501(D)(3)). The witness
doesn't just sign the document — the witness also swears an affidavit before
the notary attesting that the principal signed willingly and appeared to be
an adult of sound mind, free of undue influence (§ 14-5501(D)(4)).
Statutory form
No full fill-in form for granting powers. What the statute prescribes is
narrower: the exact notary-certificate and witness-affidavit wording that the
signing ceremony must follow, "in substantially the following form" (§
14-5501(D)(4)). The substance of what powers you're granting — the actual
content of the POA — isn't dictated by any Arizona statutory template.
Durable by default?
No. The instrument "shall contain words that demonstrate the principal's
intent that the authority conferred in the durable power of attorney may be
exercised" if the principal later becomes disabled or incapacitated, and
regardless of how much time has passed unless a definite termination time is
stated (§ 14-5501(A)). The statute offers suggested wording: "This power of
attorney is not affected by subsequent disability or incapacity of the
principal or lapse of time" (§ 14-5501(B)(1)).
Springing POA allowed?
Yes. The same subsection that requires durability language also offers a
springing alternative: "This power of attorney is effective on the disability
or incapacity of the principal" (§ 14-5501(B)(2)). Arizona's statute doesn't
specify a certification mechanism for determining when that incapacity has
occurred, so the document itself should say how that determination will be
made.
Real estate extras
No extra execution formality on top of the standard signature-witness-notary
requirement. Separately, if an agent needs to prove the power of attorney is
still valid when handling a recordable real-estate transaction, the agent can
sign a continuance-of-authority affidavit, and "if the exercise of the power
of attorney requires execution and delivery of any instrument that is
recordable, the affidavit when authenticated for purposes of recording is
also recordable" (§ 14-5505(B)). That's an optional protective tool, not a
mandatory extra step for every real estate transaction.
Out-of-state POAs
Recognized. "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" (§ 14-5501(C)).
What trips people up
- Bringing only a notary, or only a witness. Arizona requires both at the
same signing — a notarized-only or witnessed-only document does not satisfy
§ 14-5501(D). - Choosing a disqualified witness. The agent, the agent's spouse, the
agent's children, and the notary public cannot serve as the one required
witness (§ 14-5501(D)(3)). - Assuming a power of attorney survives incapacity automatically. Without
the durability language the statute requires, incapacity ends the agent's
authority — Arizona does not presume durability the way many other states
do (§ 14-5501(A)). - Looking for an official Arizona POA template. There isn't one for the
substance of the document; only the notary/witness certificate wording is
prescribed by statute (§ 14-5501(D)(4)).
Common questions
Does Arizona require both a notary and a witness? Yes — both, at the same
time, with the witness also swearing an affidavit before the notary (§
14-5501(D)(3)-(4)).
Is an Arizona power of attorney durable automatically? No. The document
must say so, using the statute's suggested language or similar words (§
14-5501(A)-(B)).
Can it take effect only if I become incapacitated? Yes, using the
alternate statutory language "This power of attorney is effective on the
disability or incapacity of the principal" (§ 14-5501(B)(2)); the statute
doesn't prescribe who certifies that incapacity, so name that mechanism in
the document itself.
Will my out-of-state power of attorney work in Arizona? Yes, if it was
validly executed under the law of the state where you signed it (§
14-5501(C)).
Statutes and sources
All quotations are from the Arizona Revised Statutes as published by the
Arizona State Legislature at azleg.gov, accessed 2026-07-04.
- § 14-5501 — creation, required intent language, out-of-state
recognition, and execution requirements (signature, witness, notary).
Quoted above.
View official text (azleg.gov) - § 14-5502 — effect of a durable power of attorney during incapacity.
Quoted above.
View official text (azleg.gov) - § 14-5505 — continuance-of-authority affidavit and its recordability.
Quoted above.
View official text (azleg.gov)
No pending Arizona legislation currently affects any of the requirements
described on this page.
Source links
Every statute quoted above, linked, with the date we checked it.