Arizona Durable Financial Power of Attorney

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ARIZONA DURABLE FINANCIAL POWER OF ATTORNEY

Important Information

This document gives an Agent authority over financial and property matters. Arizona Revised Statutes § 14-5501 requires clear intent, identification of the Agent, durability language, the Principal's signature or directed signature, a qualified witness, and the Principal's acknowledgment plus the witness's affidavit before a notary in substantially the statutory form.

The witness cannot be the Agent, the Agent's spouse, the Agent's child, or the notary. Do not sign until the witness and notary are together with the Principal as the statutory form requires.

1. Principal, Agent, and Successors

I, [PRINCIPAL NAME], born [DATE], of [ADDRESS], appoint:

Agent: [NAME / ADDRESS / PHONE / EMAIL]

If that person cannot or will not serve:

Successor Agent: [NAME / ADDRESS / PHONE / EMAIL]

Second Successor Agent: [NAME / ADDRESS / PHONE / EMAIL]

Optional Co-Agent

Co-Agent: [NAME / ADDRESS / PHONE / EMAIL]

Initial one:

_____ Each Co-Agent may act independently.

_____ Co-Agents must act jointly.

If no option is selected, do not use co-agents until Arizona counsel states the intended rule expressly.

2. Durability and Effective Date

Durability

This power of attorney is not affected by my subsequent disability or incapacity or by lapse of time, except that it terminates at any definite termination time stated below.

Effective Date — Initial One

_____ This power of attorney is effective immediately when validly executed.

_____ This power of attorney is effective only upon my disability or incapacity as determined by: [PERSON / PROFESSIONALS / STANDARD / WRITTEN PROOF].

Definite termination date or event, if any: [________________________________]

A springing power can be difficult to use. Counsel should coordinate the trigger with medical-information authorizations, institution requirements, and the capacity standard in Ariz. Rev. Stat. § 14-5506.

3. General Financial Authority

Initial each authority you intend to grant. These are express drafting choices, not a representation that Arizona has adopted a generic UPOAA statutory form.

Initials Authority granted to Agent
_____ Buy, sell, lease, manage, improve, insure, finance, and otherwise deal with real property, subject to the special instructions
_____ Buy, sell, possess, store, insure, and otherwise deal with tangible personal property
_____ Open, close, deposit to, withdraw from, and manage bank and financial accounts and safe-deposit boxes
_____ Buy, sell, vote, exchange, transfer, and manage securities and investment accounts
_____ Operate, reorganize, sell, or wind up a business or entity interest
_____ Manage insurance policies and annuities, excluding beneficiary changes unless separately granted
_____ Manage retirement plans, excluding beneficiary changes and prohibited plan actions unless separately granted
_____ Receive and manage interests in estates, trusts, and other beneficial interests
_____ Pursue, defend, settle, and release claims and litigation
_____ Provide for my personal and family maintenance and support
_____ Apply for and manage governmental, civil-service, and military benefits, subject to program-specific appointment rules
_____ Prepare, sign when permitted, and file tax documents and deal with taxing authorities, subject to agency-specific forms
_____ Hire and pay attorneys, accountants, investment advisers, care managers, and other professionals
_____ Access and manage digital assets and electronic communications only to the extent separately authorized by current law, provider terms, and my directions below

General restrictions and transaction limits:

[____________________________________________________________]

4. Estate-Plan and Self-Benefiting Authority

No authority below is granted unless separately initialed. Each choice should be reconciled with my trust, will, beneficiary designations, marital rights, tax plan, and duties owed by the Agent.

Initials Special authority
_____ Make gifts only to these recipients, for these purposes, and under these limits: [________________]
_____ Make gifts to the Agent: [EXACT LIMITS AND PURPOSE]
_____ Create, amend, revoke, or terminate an inter vivos trust only as follows: [________________]
_____ Create or change rights of survivorship only as follows: [________________]
_____ Create or change beneficiary designations only as follows: [________________]
_____ Disclaim or refuse an interest in property or exercise a power of appointment only as follows: [________________]
_____ Exercise fiduciary powers I may lawfully delegate only as follows: [________________]
_____ Delegate Agent functions only as follows: [SCOPE / PERSON / OVERSIGHT]

Do not use a generic annual gift amount. State the intended recipients and standard and obtain current tax advice.

5. Agent Standards and Safeguards

My Agent must:

  • act in good faith, within this instrument, and for my benefit;
  • use care, competence, and diligence appropriate to the authority exercised;
  • keep my property separate from the Agent's property except for lawfully titled property;
  • keep complete records of receipts, disbursements, transactions, and material decisions;
  • disclose conflicts and avoid unauthorized self-dealing;
  • preserve my known estate plan when consistent with this instrument and my interests;
  • cooperate with any validly appointed health-care decision maker without exercising health-care authority; and
  • stop acting when the Agent has actual knowledge that authority terminated.

Compensation: ☐ None ☐ Reasonable compensation ☐ Other: [________________]

Accounting recipient / frequency: [________________________________]

Professional advisers to consult: [________________________________]

These directions supplement and do not reduce duties or remedies imposed by Arizona law. Ariz. Rev. Stat. § 14-5506 addresses capacity and intimidation or deception in procuring authority and references criminal and civil consequences. This instrument creates no fiduciary liability cap, mandatory cure period, forced arbitration, jury waiver, or force-majeure defense.

6. Nomination for Protective Proceeding

Under Ariz. Rev. Stat. § 14-5503, I nominate the following persons for court consideration if a protective proceeding begins:

Conservator: [NAME / ADDRESS]

Guardian: [NAME / ADDRESS]

If a court appoints a conservator or other fiduciary charged with management of my property, the Agent is accountable to that fiduciary as current § 14-5503 provides.

7. Revocation, Copies, and Reliance

I may revoke this power while I have legal capacity by a clear written revocation and prompt notice to the Agent and known relying persons. Revocation is not effective against a person protected by current law before actual knowledge.

Copies may be relied on to the extent applicable law and the transaction permit. An Agent may be asked for an affidavit under Ariz. Rev. Stat. § 14-5505 stating lack of actual knowledge of revocation or death.

Persons and institutions to receive this document: [________________________________]

For real-estate use, confirm the legal description, homestead and marital issues, recording, acknowledgment, title, and transaction-specific requirements.

8. Principal and Witness Declarations

The following block tracks the substance and structure required by Ariz. Rev. Stat. § 14-5501(D)(4). Counsel should compare it to the current official text immediately before signing.

I, [PRINCIPAL NAME], sign my name to this power of attorney on [DATE] and, being first duly sworn, declare to the undersigned authority that I sign and execute this instrument as my power of attorney and sign it willingly, or willingly direct another to sign for me; that I execute it as my free and voluntary act for the purposes expressed in it; and that I am at least eighteen years of age, of sound mind, and under no constraint or undue influence.

Principal signature: ____________________________________

I, [WITNESS NAME], sign my name to this power of attorney and, being first duly sworn, declare to the undersigned authority that the Principal signs and executes this instrument as the Principal's power of attorney and signs it willingly, or willingly directs another to sign; that I sign in the presence and hearing of the Principal as witness to the Principal's signing; and that to the best of my knowledge the Principal is at least eighteen years of age, of sound mind, and under no constraint or undue influence.

Witness signature: ____________________________________

Witness address: [________________________________]

The Witness confirms: ☐ not the Agent ☐ not the Agent's spouse ☐ not the Agent's child ☐ not the Notary.

Notarial Certificate

State of Arizona

County of [________________]

Subscribed, sworn to, and acknowledged before me by [PRINCIPAL NAME], Principal, and subscribed and sworn to before me by [WITNESS NAME], Witness, on [DATE].

Notary public: ____________________________________

My commission expires: [________________________________]

9. Agent Acknowledgment

I, [AGENT NAME], accept appointment and acknowledge my duties under this instrument and Arizona law.

Agent signature: ____________________________________

Date: [________________________________]

When signing for the Principal, use a representative format such as:

[PRINCIPAL NAME], by [AGENT NAME], as Agent under power of attorney

10. Completion Checklist

☐ Durability language meets § 14-5501(A)–(B)

☐ Effective-date and incapacity trigger are workable

☐ Every intended general and estate-plan authority is expressly initialed

☐ Agent, successor, witness, and notary are legally eligible

☐ Principal and qualified witness sign and make the required sworn declarations before the notary

☐ Gift, trust, survivorship, beneficiary, disclaimer, and delegation powers match the estate plan

☐ Real-estate, bank, benefits, retirement-plan, tax-form, and digital-asset requirements were checked separately

☐ Prior powers to revoke and all recipients of notice are identified

Official Sources Verified July 15, 2026

This financial document does not authorize health-care decisions and does not replace Arizona health-care directive forms.

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About This Template

Estate planning documents decide what happens to your property, your children, and your medical care when you cannot make those decisions yourself. Wills, trusts, powers of attorney, and health care directives each serve different purposes and each have to meet state law requirements for signing, witnessing, and notarization. A document that looks fine on the page but was not executed correctly can be rejected in probate, which is exactly when it is too late to fix.

Important Notice

This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Last updated: July 2026

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