Power of Attorney Requirements in Arizona
At a glance
| Governing law | Arizona Revised Statutes §§ 14-5501 (creation), 14-5502 (effect), and 14-5505 (continuance affidavit) |
|---|---|
| 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 with a witness: principal acknowledges and witness swears an affidavit before a notary; the notary's certificate bears an official seal (§ 14-5501(D)(4)) |
| Witnesses | One witness other than the agent, agent's spouse, agent's children, or notary; witness swears an affidavit before a notary (§ 14-5501(D)(3)-(4)) |
| Statutory form | § 14-5501(D)(4) prescribes substantially the form of the principal's acknowledgment and witness's affidavit; § 14-5501(D)(1) calls for clear agency language |
| 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 | When the agent's act requires a recordable instrument, an authenticated continuance-of-authority affidavit is also recordable (§ 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)) |
Requirements one by one
Signing, witness, and acknowledgment
The principal may sign or mark the document, or direct someone else to sign in "the principal's conscious presence" (§ 14-5501(D)(2)). The witness must be someone other than the agent, the agent's spouse or children, or the notary (§ 14-5501(D)(3)). The statute requires both the principal's acknowledgment and the witness's sworn affidavit before a notary, evidenced by a certificate under official seal (§ 14-5501(D)(4)). The certificate form includes the principal's declaration that the act is voluntary and the witness's declaration that the principal signed willingly.
Durability and when authority begins
The instrument must contain words showing that authority may be exercised if the principal later has a disability or is incapacitated, regardless of elapsed time unless the document gives a definite termination time (§ 14-5501(A)). The statute offers two examples: "This power of attorney is not affected by subsequent disability or incapacity of the principal or lapse of time" and "This power of attorney is effective on the disability or incapacity of the principal" (§ 14-5501(B)). Acts within a durable power during incapacity bind the principal and successors as specified in § 14-5502.
What trips people up
- A witness cannot also be the notary, and the agent or the agent's spouse or children cannot serve as witness (§ 14-5501(D)(3)).
- For a recordable act, an authenticated affidavit by the agent stating a lack of actual knowledge of revocation or death is itself recordable and creates a rebuttable presumption of continuing authority absent fraud (§ 14-5505(A)-(B)).
Common questions
Can someone sign for me? Yes, if the person signs in your name, in your conscious presence, and at your direction (§ 14-5501(D)(2)).
Will a power signed in another state work in Arizona? Section 14-5501(C) recognizes one executed in another U.S. jurisdiction if it was validly executed where created.
Statutes and sources
- § 14-5501 — creation, execution, durability, and interstate recognition. Arizona Legislature, accessed 2026-10-06.
- § 14-5502 — effect of a durable power during incapacity. Arizona Legislature, accessed 2026-10-06.
- § 14-5505 — agent affidavit and recording. Arizona Legislature, accessed 2026-10-06.
Source links
Every statute quoted above, linked, with the date we checked it.
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