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Do I really need a power of attorney in Arizona?
A power of attorney offers peace of mind and instructions if you are incapacitated or unavailable. It becomes essential if you are injured in an accident and cannot communicate, or abroad in a cell-free zone. Your loved ones then know to contact your appointed agent to handle your financial and business affairs; they are not scrambling on these matters while also managing your emergency.
With FindLaw, you can easily create a POA. Click on the links below to jump down the page
How it works
The process takes less than an hour, and you can complete it from the comfort of your home.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time
Gather information
Indicate who your agent will be and what authority you want them to have
Complete your document
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary
Plan for your future with confidence
This free guide will help you:
Learn the most common estate planning terms
Understand the essential estate planning tools
Gather critical information with an estate planning checklist
How to get a power of attorney
You can secure a power of attorney by speaking with an Arizona estate planning lawyer. Or, you can create one yourself for less.
Understand how a POA works in Arizona
A power of attorney is a legal document that designates another person to manage your financial activities when you cannot address them yourself. The person executing a power of attorney (you) is the principal; the person you appoint is the agent or attorney-in-fact.
Powers of attorney can remain in effect no matter your incapacity or unavailability. Or you can create one that becomes effective when you are incapacitated or disabled — a “springing” power of attorney. If you choose the latter, your primary care provider must indicate that you cannot make decisions or manage your affairs.
Choose an agent
Your agent should be over the age of 18 and knowledgeable about your financial and personal affairs. Many people choose their spouse, business partner, live-in partner, close friend, or another individual trusted to act in this capacity.
Assign duties to your agent
Power of attorney forms contain duties or categories of tasks you can assign to your agent. You can choose as many or as few specific powers you desire.
For example, if you only want your agent to handle your small business affairs, you can initial that section or cross out the areas that address more personal matters, like managing your personal retirement plan or bank account.
Sign in front of a witness and notary public
Your power of attorney will need your signature, a witness signature, and likely a notary public acknowledgment to be effective. States have different laws about the number of witnesses you need and who can be a witness, so it’s important you use a form that is specific to Arizona and that you take the time to understand your state’s requirements.
You can find a notary public at your local banking branch or small print and mail businesses. There are also mobile notary publics available, and you can find them online.
Store and provide copies
Keep your original power of attorney in a secure spot — usually a safe deposit box or a fireproof cabinet. Provide copies to your agent and anyone else who may need the information, like immediate family members, close friends, or your business partner.
Once you execute a power of attorney, you can revoke it by signing a revocation statement or executing a new power of attorney. If you decide to create a new power of attorney, make sure the form contains language indicating that it revokes all prior powers of attorney.
Commonly asked questions about Arizona power of attorney forms
If you become incapacitated without a power of attorney, your loved ones need to file a court proceeding called a conservatorship. That process involves appointing a conservator to manage your affairs. It is a time-consuming and often difficult process that causes family conflict. You can protect your loved ones from these possibilities by completing a power of attorney.
There are free forms available, but they are often incomplete, vague, or too broad to address your specific concerns. You must customize your power of attorney to your circumstances, or it may be ineffective or even useless. You can avoid that problem by purchasing a form from FindLaw. Our forms were created according to your state’s laws, and we ask you questions that help you create a document that is customized to you and your life.
Power of attorney forms are self-explanatory and often easy to complete. If your situation is less challenging, e.g., you do not own a business, invest in real estate, or travel frequently, a basic form is likely all you need.
However, if your situation requires further attention because you run a company or have living trusts, consult with an estate planning attorney. Even if you have faith in the forms you complete, it is still a good idea to have all legal documents reviewed by an attorney.
Besides being a general “just in case” that ensures continuity of your business, legal matters, or other essential items should you face incapacity, there are also specific life circumstances that make a power of attorney necessary. They include:
- Frequent business travel, including trips abroad
- Work in a hazardous environment
- Recent diagnosis of a terminal or chronic medical condition
- Surgery or other involved medical treatment that may render you unable to communicate for a time
- The need for assistance in managing business financial affairs
You may want to speak with a lawyer if:
- You don’t know who to choose as your agent
- You want to use a POA for Medicaid planning
- You want to discuss which powers you should give your agent
- You want legal review of your completed power of attorney
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