Arizona Power of Attorney is a legal document that allows a specified person to act as a legal proxy if an individual becomes incapacitated in some way – for example, if a person is hospitalized after a car accident, the documents allow their designated proxy to take over temporarily and administer their estate, deal with bank accounts, pay bills, and even make medical decisions if required. It is important to create power of attorney documents while a notary can verify that you are of sound mind to make the decision and are not being coerced by other parties. All forms should be written pursuant to Title 14, Article 5.
Frequently Asked Questions (FAQ’s) – Provided by the Maricopa Superior Court.
Durable Power of Attorney – If an individual becomes mentally incompetent due to illness or injury, it allows a grantor the ability to take over the finances or business interests until the principal regains their mental faculties.
General Power of Attorney – Grants the agent the ability of someone else to be able to handle all financial matters on the behalf of a principal. Does not remain valid if the principal becomes not mentally able to think for themselves.
Health Care Power of Attorney – Select any individual(s), family or friend, to make medical decisions if the principal cannot do so for themselves.
Limited Power of Attorney – Limits an agent’s care of the individual to monetary matters.
Minor Children Power of Attorney – Designates temporary guardianship over minor children for up to six (6) months unless the person is on active military duty, in which case they may extend that to one (1) year.
Real Estate Power of Attorney – Allows an individual, known as an ‘Agent’ or Attorney-in-Fact’, to handle purchasing, selling, or managing real estate.
Revocation of a Power of Attorney – Used to revoke power of attorney at any time, as long as they are of sound mind.
Tax Power of Attorney (285-I) – Appoint a specific person, usually an accountant, that will handle all filings on behalf of an individual or entity with the Department of Revenue.
Vehicle Power of Attorney – To handle title on another person’s vehicle and to engage in the buying or selling for someone else.
How to Write
1 – Document The Authority
In order to grant any power to an individual a Principal will have to issue a Power of Attorney. This is a simple form available through one of the buttons provided below the image. Download this form, then fill in the following information.
2 – Identify The Determined Parties
The first paragraph will have several empty spaces. Each space will request specific information to be entered. On the blank line after the term “…undersigned principal,” record the Full Name of the person (Principal) granting power to the Agent. Locate the term “…residing at,” then disclose the current Residential Address of the PrincipalNext, following the words “hereby appoint,” enter the Name of the Agent accepting the authority granted by the Principal.Finally, on the last blank line of this paragraph, enter the Agent’s Residential Address
3 – Approve The Delegation of Authority
The next section will have several numbered statements. Each one will define a power that may be granted to the Agent. The Principal must read through each statement. If the Principal wishes to grant the defined authority to the Agent, he or she must initial the space beneath it, labeled “Principal,” in the presence of a Witness. The Witness will also need to provide his or her initials (on the line labeled “Witness”). If the Principal does not wish to grant authority over one of these matters, then he or she should initial that statement.
If the Principal wishes to grant the Agent the Power to Buy, Sell, Transfer, Lease, Encumber, Assign, exchange/convey, etc. personal or real property in any state then he or she must initial the Principal line in Item 1 in the presence of a Witness. Note: The Witness must initial the line labeled “Witness” after observing the Principal enter his or her initials.Item 2 should be initialed by the Principal and the Witness if the Principal wishes to grant Power with Respect To his or her Bank Accounts to the Agent.
The Agent may be granted Power regarding the Principal’s Safe Deposit Boxes with the Principal and Witness initials being executed in Item 3.The Power to Demand, Receive, Prosecute, or Defend on behalf of the Principal may be granted to the Agent when the Principal and Agent initial the blank spaces in Item 4.If the Principal wishes to grant the Agent Principal Power regarding his or her Brokerage Accounts, then Item 5 must be initialed by both the Principal and the Witness.If the Agent may Employ Consultants on behalf of the Principal, then Item 6 must be initialed by the Principal and the Witness.Item 7 will require the Principal and a Witness to initial the appropriately labeled spaces if the Principal wishes to grant the Agent Power with respect to his or her Insurance. The Principal may grant the Agent Power to provide for the Principal’s Support (standard of living, living quarters/residence, clothing, transportation, hospice, nursing home etc.) then he or she must initial Item 8 along with a Witness.The Principal can give the Agent Power to prepare his or her taxes and deal with any agencies in regards to Principal Tax Returns on the Principal’s behalf by initialing Item 9 before a Witness. The Witness must also initial this item. The Principal has the right to Nominate a Guardian or Conservator to safeguard his or her estate if the need arises.Item 10 will solidify the Principal’s nomination of the Agent for this role. The next item requiring attention will be Item 11. Here, the Principal may name an Alternate Agent. That is, an individual who may step in on the Principal’s behalf and uphold all the responsibilities the Agent should but can’t or won’t. This Alternate Agent may be named in Item 11 using the blank space provided.If the Principal wishes to compensate the Agent for his or her services, then use the blank space in Item 12 to enter the maximum amount of dollars per hour the Principal will pay the Agent (when necessary). The Principal and Witness must also initial the blank space in this item.4 – Certify By Principal Signature
Just below the 18th Item of Authority will be a statement with several blank spaces within it and a blank space below it. This statement may only be satisfied by the attention of the Principal.
The first blank space, on the first line, must have the Full Name of the Principal displayed in Print.
The next line will contain three blank spaces. The first, second, and third space must have the Calendar Date, the Month, and the Year when the Principal is physically signing this form to be reported.The blank line below this statement will require the Signature of the Principal.
5 – Verify By Witness Signature
The statement labeled “Witness” is a testimony meant to be verified by Witness Signature. The individual who has observed the Principal tending to and signing this form must print the Principal’s Name on the blank space in this paragraph.
The Witness must then enter the Date on the first blank space following this statement. This Date must be the Date the Witness is signing this document.The Witness must then Sign and Print his or her Name on the blank spaces provided.
6 – Notarize Signatures For Authenticity
The statement below the words “State of Arizona” may only be satisfied by the Notary Public present. Make sure to follow this entity’s instructions then, confirm that he or she has provided all the information requested along with the notary seal.