Power of Attorney Acceptance and Refusal Rules in Arizona

At a glance

What the statute provides

Arizona defines a durable power as a written instrument naming an agent and requiring words showing that authority can continue despite later disability or the lapse of time. The financial-power creation provision addresses an adult principal designating an adult agent (§ 14-5501(A), (D)).

For a recipient, the operative provisions focus on protection while dealing with the agent. A person who in good faith assists or deals with an agent is protected as if the agent properly exercised the power, even if the agent's authority had terminated (§ 14-5506(C)). An agent may execute an affidavit that the agent lacked actual knowledge of revocation or the principal's death at the time of exercise; absent fraud, that creates a rebuttable presumption of nonrevocation or nontermination (§ 14-5505(A)).

These provisions do not tell the recipient to accept within a set number of days, request specified proof by a deadline, send a written rejection, or pay a special refusal fee. Section 14-5506(A)'s prosecution and civil-penalty language concerns an agent who procured the power or its authority by intimidation or deception; it is not an improper-refusal remedy against a recipient.

What trips people up

Death does not terminate a durable power as to an agent or other person who acts in good faith without actual knowledge of the principal's death. A similar rule applies to a nondurable power after the principal's disability or incapacity when the actor lacks actual knowledge (§ 14-5504(A)–(B)). Those protections concern acts taken under a power; they do not establish a response timetable.

Common questions

Does a durable power expire solely because years passed? Section 14-5501(A)(2) requires the instrument to show that its authority may be exercised regardless of elapsed time unless it states a definite termination time.

Does this article govern health-care directives? No. Section 14-5507 excludes validly executed health-care directives and does not create health-care decision authority under a durable power.

Statutes and sources

The quoted current Arizona provisions below were accessed October 3, 2026 from the Legislature's statute pages.

Ariz. Rev. Stat. § 14-5501(A). “A. A durable power of attorney is a written instrument by which a principal designates another person as the principal's agent. The instrument shall contain words that demonstrate the principal's intent that the authority conferred in the durable power of attorney may be exercised: 1. If the principal is subsequently a person with a disability or incapacitated. 2. Regardless of how much time has elapsed, unless the instrument states a definite termination time.” Official statute (accessed October 3, 2026).

Ariz. Rev. Stat. § 14-5501(D). “D. Except as provided in section 28-370, an adult, known as the principal, may designate another adult, known as the agent, to make financial decisions on the principal's behalf by executing a written power of attorney that satisfies all of the following requirements:” Official statute (accessed October 3, 2026).

Ariz. Rev. Stat. § 14-5504(A)–(B). “A. The death of a principal who has executed a durable power of attorney does not revoke or terminate the agency as to the agent or other person who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action taken in good faith pursuant to this subsection, unless otherwise invalid or unenforceable, binds successors in interest of the principal. B. The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the agent or other person who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action taken in good faith pursuant to this subsection, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.” Official statute (accessed October 3, 2026).

Ariz. Rev. Stat. § 14-5505(A)–(C). “A. An affidavit executed by the agent under a durable power of attorney stating that the agent did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation or of the principal's death creates, in the absence of fraud, a rebuttable presumption of the nonrevocation or nontermination of the power at that time. B. 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. C. This section does not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal's capacity.” Official statute (accessed October 3, 2026).

Ariz. Rev. Stat. § 14-5506(A). “A. If the agent acted with intimidation or deception in procuring the power of attorney or any authority provided in the power of attorney, the agent is subject to prosecution under title 13 and civil penalties pursuant to section 46-456.” Official statute (accessed October 3, 2026).

Ariz. Rev. Stat. § 14-5506(C). “C. A person who in good faith either assists or deals with an agent is protected as if the agent properly exercised the agent's power regardless of whether the authority of that person as the agent has been terminated.” Official statute (accessed October 3, 2026).

Ariz. Rev. Stat. § 14-5507. “This article does not apply to health care directives that are validly executed under section 36-3221 and does not establish authority under a durable power of attorney for the purposes of health care decision making.” Official statute (accessed October 3, 2026).