Arizona
Arizona Power of Attorney Laws: Durable, Medical, and Financial POA (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. How we verify our legal content
Arizona operates under its own power of attorney statutes rather than the Uniform Power of Attorney Act (UPOAA) adopted by many other states. The core financial power of attorney statute is A.R.S. 14-5501. Under Arizona law, a power of attorney is durable only if the document expressly states that it survives the principal's disability or incapacity. Execution is distinctive: a valid Arizona financial POA requires the principal's signature, the attestation of one adult witness, AND notarization, with the witness and the notary public being different individuals, and neither may be the named agent. Health care decision authority requires a completely separate document governed by A.R.S. 36-3221 et seq..
What a Power of Attorney Does in Arizona
A power of attorney is a written instrument in which a principal designates another person, the agent, to act on the principal's behalf. The scope of authority depends entirely on what the document grants. A broad general POA may authorize the agent to manage bank accounts, pay bills, buy or sell real property, file tax returns, and handle virtually any financial or legal matter. A limited POA may authorize only a single transaction, such as closing a real estate sale.
Under A.R.S. 14-5502, acts performed by an agent under a durable power of attorney during any period of the principal's disability or incapacity have the same legal effect as if the principal had the capacity to act. Those acts bind the principal and the principal's successors in interest. This provision gives the durable POA its practical value: the agent can step in precisely when the principal cannot act for themselves.
A power of attorney ends at the principal's death regardless of whether the document is durable. After death, authority passes to the personal representative of the estate. The agent has no further power to act once the principal has died.
Durable Power of Attorney in Arizona
Arizona law defines a durable power of attorney in A.R.S. 14-5501(A) as a written instrument that designates an agent and contains language demonstrating the principal's intent that authority may be exercised if the principal is subsequently a person with a disability or incapacitated, or regardless of how much time has passed unless the document states a definite termination time.
Durability is not the default in Arizona. The document must affirmatively state it. A.R.S. 14-5501(B) provides two acceptable formulations: "This power of attorney is not affected by subsequent disability or incapacity of the principal or lapse of time," or "This power of attorney is effective on the disability or incapacity of the principal." The first form creates an immediately effective durable POA. The second creates what is sometimes called a springing POA, one that takes effect only upon incapacity.
A POA that does not contain durability language is non-durable. It terminates automatically if the principal becomes incapacitated, which is often precisely when the agent's help is most needed. For estate planning purposes, most principals want a durable POA.
Arizona also recognizes powers of attorney validly executed in other U.S. jurisdictions. Under A.R.S. 14-5501(C), a POA created in another state is valid in Arizona if it was valid where it was made.
How to Create a Valid Arizona Power of Attorney
A.R.S. 14-5501(D) sets out the execution requirements for a financial power of attorney. A valid Arizona POA must meet all three of the following requirements:
1. Signed by the principal. The principal must sign the document, or another person may sign at the principal's direction and in the principal's presence if the principal is physically unable to sign.
2. Witnessed by one adult. One adult witness must sign the document. The witness may not be the agent, the agent's spouse, or the agent's children. The witness also may not be the notary public who acknowledges the instrument.
3. Acknowledged before a notary public. A notary public must acknowledge the principal's signature. The statute prescribes a specific certificate form for this acknowledgment. The notary and the witness must be different people.
These three requirements all apply together. Arizona's one-witness requirement distinguishes it from states like Florida, which require two witnesses. Arizona also requires notarization in addition to the single witness, making the overall formality comparable to many UPOAA states.
A.R.S. 14-5501(F) adds a restriction on who may serve as agent: a person whose fiduciary license has been suspended or revoked under A.R.S. 14-5651 may not act as agent in any capacity, unless they are related to the principal by blood, adoption, or marriage and their license has been reinstated in good standing.
What an Arizona Agent Can and Cannot Do
The scope of an agent's authority is defined by the POA document itself. Arizona law does not enumerate a statutory default list of granted powers the way UPOAA states do; each document must specify what the agent is authorized to do.
Under A.R.S. 14-5503, if a court appoints a conservator or other fiduciary for the principal after a durable POA has been executed, the agent becomes accountable to that court-appointed fiduciary as well as to the principal. The court-appointed fiduciary has the same power to revoke or amend the POA that the principal would have if not incapacitated. Court oversight can therefore limit or end the agent's authority even when the POA is durable.
An agent generally may not make gifts to themselves or others unless the POA document expressly authorizes it. Agents must act in the principal's best interest, avoid self-dealing, and keep records of all transactions. Because Arizona does not follow the UPOAA, there is no statutory list of sensitive powers requiring specific separate authorization as in many other states. Principals and their attorneys should draft POA documents that clearly specify any sensitive powers such as gift-making, trust creation, or beneficiary changes.
Under A.R.S. 14-5504, if an agent acts in good faith without actual knowledge that the principal has died (for a durable POA) or without knowledge that the principal has become disabled (for a non-durable POA), those actions remain binding on the principal's successors.
Health Care Power of Attorney in Arizona
Financial and health care authority are governed by entirely separate statutes in Arizona. A financial POA under A.R.S. 14-5501 does not authorize an agent to make health care decisions. To grant medical decision-making authority, the principal must execute a separate health care power of attorney under A.R.S. 36-3221 et seq..
Under A.R.S. 36-3221, a health care POA must contain language that clearly indicates the principal intends to create a health care power of attorney, and it must be dated and signed by the principal. The document must be either notarized or signed by at least one adult witness who confirms they were present at execution and that the principal appeared to be of sound mind and free from duress.
Witness restrictions apply. The witness or notary may not be the designated health care agent. A witness who is not a notary must be unrelated to the principal by blood, marriage, or adoption, and may not be entitled to any portion of the principal's estate. A health care provider serving the principal at the time of execution may not serve as witness or notary.
The health care agent's authority covers the full range of medical decisions, including giving or refusing consent to medical, surgical, hospital, and related health care. The sample statutory form in A.R.S. 36-3224 also addresses authority over autopsy decisions, organ donation, and funeral and burial arrangements.
A health care agent's authority becomes effective when the principal is unable to make or communicate their own health care choices. The principal may revoke the health care POA at any time, and the agent's authority may also be ended by court order under A.R.S. 36-3206.
Arizona also recognizes a distinct mental health care power of attorney under A.R.S. 36-3281 et seq.. This document allows a principal to designate an agent specifically for mental health treatment decisions if the principal becomes incapable of giving informed consent. That determination must be made by a physician specializing in neurology or psychiatry, or by a licensed psychologist. If no mental health care POA exists, a general health care agent may make certain mental health decisions subject to the limitations in A.R.S. 36-3283(F).
Principals who want comprehensive advance planning coverage in Arizona typically need two documents: a durable financial POA under A.R.S. 14-5501 and a health care POA under A.R.S. 36-3221. A mental health care POA under A.R.S. 36-3281 is an optional third instrument for those with specific mental health planning needs.
Revoking or Ending an Arizona Power of Attorney
A principal may revoke a power of attorney at any time while competent. Arizona law does not require a specific form for revocation. A signed, written statement expressing the intent to revoke is effective. To protect against third parties who have been dealing with the agent, the principal should notify both the agent and any relevant third parties of the revocation in writing.
A durable financial POA terminates automatically upon the principal's death. It also ends if the principal's stated termination date or event occurs, if a court terminates the agent's authority under A.R.S. 14-5503, or if the document itself provides for termination upon a specific event.
Under A.R.S. 14-5504, an agent who acts in good faith without actual knowledge that the principal has died (durable POA) or that the principal has become disabled (non-durable POA) remains protected, and those actions bind the principal's estate. Under A.R.S. 14-5505, an agent's affidavit stating lack of actual knowledge of revocation or of the principal's death creates a rebuttable presumption that the power remained in effect at the time of the action. This protection encourages third parties to rely on a POA that appears valid on its face.
For a broader overview of how powers of attorney work across all states, see our national Power of Attorney guide.
This page provides general legal information about Arizona power of attorney laws and is not legal advice. Arizona estate planning involves individual circumstances that an attorney licensed in Arizona can assess. Consult a qualified Arizona attorney before executing or relying on a power of attorney document.
Last reviewed: May 2026. Governing statutes: A.R.S. 14-5501 et seq. (durable financial power of attorney); A.R.S. 36-3221 et seq. (health care power of attorney); A.R.S. 36-3281 et seq. (mental health care power of attorney).
More Arizona Laws
Frequently Asked Questions
Does Arizona use the Uniform Power of Attorney Act?
No. Arizona has not adopted the Uniform Power of Attorney Act (UPOAA). Arizona's financial power of attorney is governed by A.R.S. 14-5501, Arizona's own statute with its own execution requirements and rules.
Does a durable power of attorney in Arizona need to be notarized?
Yes. Under A.R.S. 14-5501(D), a valid Arizona durable power of attorney requires the principal's signature, one adult witness, and acknowledgment before a notary public. All three requirements are mandatory; the witness and the notary must be different people.
How many witnesses are required for an Arizona power of attorney?
One adult witness is required under A.R.S. 14-5501(D). The witness cannot be the named agent, the agent's spouse, the agent's children, or the notary who acknowledges the instrument.
Is a power of attorney automatically durable in Arizona?
No. Under A.R.S. 14-5501(A) and (B), a POA is durable only if the document expressly states that authority continues despite the principal's subsequent disability or incapacity. Without that language, the POA ends when the principal becomes incapacitated.
Does an Arizona financial POA cover health care decisions?
No. A financial power of attorney under A.R.S. 14-5501 does not authorize health care decisions. Medical authority requires a separate health care power of attorney under A.R.S. 36-3221 et seq.
What is the difference between an Arizona health care POA and a mental health care POA?
A health care POA under A.R.S. 36-3221 covers general medical decisions. A mental health care POA under A.R.S. 36-3281 specifically authorizes mental health treatment decisions and requires a physician or licensed psychologist to determine incapacity before the agent may act. Both are optional but recommended for comprehensive advance planning.
How do you revoke a power of attorney in Arizona?
A principal may revoke a POA at any time while competent by signing a written revocation and notifying the agent and any relevant third parties. Arizona law does not require a specific revocation form. A durable financial POA also ends automatically at the principal's death.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
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The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Arizona Revised Statutes, Title 14 (Trusts, Estates and Protective Proceedings), Chapter 5 (PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY), Article 5 (Powers of Attorney)
§ 14-5501Durable power of attorney; creation; validityIn force
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. B. The written instrument may demonstrate the principal's intent required by subsection A of this section using either of the following statements or similar language: 1. "This power of attorney is not affected by subsequent disability or incapacity of the principal or lapse of time." 2. "This power of attorney is effective on the disability or incapacity of the principal." C. A power of attorney executed in another jurisdiction of the United States is valid in this state if the power of attorney was validly executed in the jurisdiction in which it was created. D.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 10 court opinionsMost recently applied by a court: 2023
Leading cases: Weinstein v. Weinstein (Court of Appeals of Arizona 2014, 235 Ariz. 40) · Golleher v. Horton (Court of Appeals of Arizona 1985, 148 Ariz. 537) · Heritage v. Adhs (Court of Appeals of Arizona 2020)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 14-5502Effect of lapse of time, disability or incapacityIn force
All acts done by an agent pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and the principal's successors in interest as if the principal were not incapacitated or a person with a disability.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 1 court opinionsMost recently applied by a court: 1985
Leading cases: Golleher v. Horton (Court of Appeals of Arizona 1985, 148 Ariz. 537)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 14-5503Relation of agent to court appointed fiduciaryIn force
A. If, following execution of a durable power of attorney, a court of the principal's domicile appoints any conservator or other fiduciary charged with the management of all of the principal's property or all of the principal's property except for specified exclusions, the agent is accountable to the court appointed fiduciary as well as to the principal. The court appointed fiduciary has the same power to revoke or amend the power of attorney that the principal would have if the principal were not a person with a disability or incapacitated. B. A principal may nominate, by a durable power of attorney, the conservator or the guardian of the principal for consideration by the court if protective proceedings for the principal or estate are commenced.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
§ 14-5504Revocation; termination; effect; noticeIn force
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 text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 1 court opinionsMost recently applied by a court: 2022
Leading cases: Furst v. mayne/zia (Court of Appeals of Arizona 2022)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 14-5505Continuance of durable powers of attorney by affidavitIn force
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 text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Arizona Revised Statutes, Title 36 (Public Health and Safety), Chapter 32 (LIVING WILLS AND HEALTH CARE DIRECTIVES), Article 2 (Health Care Power of Attorney)
§ 36-3221Health care power of attorney; scope; requirements; limitations; fiduciariesIn force
A. A person who is an adult may designate another adult individual or other adult individuals to make health care decisions on that person's behalf or to provide funeral and disposition arrangements in the event of the person's death by executing a written health care power of attorney that meets all of the following requirements: 1. Contains language that clearly indicates that the person intends to create a health care power of attorney. 2. Except as provided under subsection B of this section, is dated and signed or marked by the person who is the subject of the health care power of attorney. 3. Is notarized or is witnessed in writing by at least one adult who affirms that the notary or witness was present when the person dated and signed or marked the health care power of attorney, except as provided under subsection B, and that the person appeared to be of sound mind and free from duress at the time of execution of the health care power of attorney. B.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
§ 36-3224Sample health care power of attorneyIn force
Any writing that meets the requirements of section 36-3221 may be used to create a health care power of attorney. The following form is offered as a sample only and does not prevent a person from using other language or another form: 1. Health Care Power of Attorney I, ___________________________________, as principal, designate ______________________ as my agent for all matters relating to my health care, including, without limitation, full power to give or refuse consent to all medical, surgical, hospital and related health care. This power of attorney is effective on my inability to make or communicate health care decisions. All of my agent's actions under this power during any period when I am unable to make or communicate health care decisions or when there is uncertainty whether I am dead or alive have the same effect on my heirs, devisees and personal representatives as if I were alive, competent and acting for myself. If my agent is unwilling or unable to serve or continue to serve, I hereby appoint ____________________ as my agent.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Cited in 1 court opinionsMost recently applied by a court: 2020
Leading cases: Shook v. Renewcare (Court of Appeals of Arizona 2020)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Arizona Revised Statutes, Title 36 (Public Health and Safety), Chapter 32 (LIVING WILLS AND HEALTH CARE DIRECTIVES), Article 6 (Mental Health Care Power of Attorney)
§ 36-3281Mental health care power of attorney; scope; definitionIn force
A. An adult, known as the principal, pursuant to section 36-3282 may designate another adult or adults, known as the agent, to act as an agent and to make mental health care decisions on that person's behalf. The principal may also designate an alternate adult or adults to act as agent if the original designated agent or agents are unwilling or unable to act. B. An agent under section 36-3283 may make decisions about mental health treatment on behalf of the principal if the principal is found incapable. If an adult does not have a mental health care power of attorney pursuant to this section, an agent with a health care power of attorney under section 36-3221 may make decisions about mental health treatment on behalf of the principal if the principal is found incapable, except as provided in section 36-3283, subsection F. These decisions shall be consistent with any wishes the principal has expressed in the mental health care directive, mental health care power of attorney, health care power of attorney or other advance directive. C.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
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Sources and References
- A.R.S. 14-5501 - Durable Power of Attorney; Creation; Validity(azleg.gov)
- A.R.S. 14-5502 - Durable Power of Attorney; Effect of Acts During Disability(azleg.gov)
- A.R.S. 14-5503 - Durable Power of Attorney; Relation to Conservator(azleg.gov)
- A.R.S. 14-5504 - Durable Power of Attorney; Protection of Third Persons(azleg.gov)
- A.R.S. 14-5505 - Durable Power of Attorney; Affidavit(azleg.gov)
- A.R.S. 36-3221 - Health Care Power of Attorney; Execution Requirements(azleg.gov)
- A.R.S. 36-3224 - Health Care Power of Attorney; Statutory Form(azleg.gov)
- A.R.S. 36-3281 - Mental Health Care Power of Attorney(azleg.gov)