Free Arizona Power of Attorney Form


Sample Arizona Power of Attorney

POWER OF ATTORNEY

THIS Power of Attorney is given by me, _______________ (the "Principal"), presently of _______________, _______________, in the State of Arizona, on this ___ day of ____________________,20___.

    Previous Power of Attorney

  1. I REVOKE any previous Power of Attorney granted by me.
  2. Attorney-in-fact

  3. I APPOINT __________________, of ___________________________, __________________, Arizona, to act as my Attorney-in-fact.
  4. Governing Law

  5. This document will be governed by the laws of the State of Arizona. Further, my Attorney-in-fact is directed to act in accordance with the laws of the State of Arizona at any time he or she may be acting on my behalf.
  6. Liability of Attorney-in-fact

  7. My Attorney-in-fact will not be liable to me, my estate, my heirs, successors or assigns for any action taken or not taken under this document, except for willful misconduct or gross negligence.
  8. Effective Date

  9. This Power of Attorney will start immediately and will cease to be in effect upon a finding of my mental incapacity or mental infirmity which may occur after my execution of this Power of Attorney.
  10. Powers of Attorney-in-fact

  11. My Attorney-in-fact has authority to do anything on my behalf that I may lawfully do by an Attorney-in-fact (the "General Power").
  12. Specific Powers

  13. Without restricting its generality in any way, the following power(s) are specifically included within the foregoing General Power:

    Initial the line at each authority you grant

      X_____Real Estate Transactions
    1. To deal with any interest I may have in real property and sign all documents on my behalf concerning my interest, including, but not limited to, real property I may subsequently acquire or receive. These powers include, but are not limited to, the ability to:

       

      i.

      Purchase, sell, exchange, accept as gift, place as security on loans, convey with or without covenants, rent, collect rent, sue for and receive rents, eject and remove tenants or other persons, to pay or contest taxes or assessments, control any legal claim in favor of or against me, partition or consent to partitioning, mortgage, charge, lease, surrender, manage or otherwise deal with real estate and any interest therein; and

       

      ii.

      Execute and deliver deeds, transfers, mortgages, charges, leases, assignments, surrenders, releases and other instruments required for any such purpose.


    2. X_____Maintain Property and Make Investments
    3. To retain any assets owned by me at the date this Ordinary Power of Attorney becomes effective, and the power to reinvest those assets in similar investments. In addition, my Attorney-in-fact may invest my assets in any new investments, of his or her choosing, regardless of whether or not they are authorized by any applicable legislation.

    4. X_____Banking Transactions
    5. To do any act that I can do through an Attorney-in-fact with a bank or other financial institution. This power includes, but is not limited to, the power to:

       

      i.

      Open, maintain or close bank accounts (including, but not limited to, checking accounts, savings accounts, and certificates of deposit), brokerage accounts, retirement plan accounts, and other similar accounts with financial institutions;

       

      ii.

      Conduct any business with any banking or financial institution with respect to any of my accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any checks or other instruments with respect to any such accounts, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation or political entity;

       

      iii.

      Borrow money from any banking or financial institution if deemed necessary by my Attorney-in-fact, and to manage all aspects of the loan process, including the placement of security and the negotiation of terms;

       

      iv.

      Perform any act necessary to deposit, negotiate, sell or transfer any note, security, or draft of the United States of America, including U.S. Treasury Securities;

       

      v.

      Have access to any safe deposit box that I might own, including its contents; and

       

      vi.

      Create and deliver any financial statements necessary to or from any bank or financial institution.


    6. X_____Business Operating Transactions
    7. To take any action my Attorney-in-fact deems necessary with any business that I may own or have an interest in by doing any act which can be done through an Attorney-in-fact. This power includes, but is not limited to, the power to execute, seal and deliver any instrument; participate in any legal business of any kind; execute partnership agreements and amendments; to incorporate, reorganize, consolidate, merge, sell, or dissolve any business; to elect or employ officers, directors and agents; and to exercise voting rights with respect to any stock I may own, either in person or by proxy.

    8. X_____Insurance Transactions
    9. To do any act that I can do through an Attorney-in-fact with any insurance policy. This power includes, but is not limited to, the power to pay premiums, start, modify or terminate policies, manage all cash payouts, borrow from insurers and third parties using insurance policies as collateral, and to change the beneficiaries on any insurance policies on my life. Unless my Attorney-in-fact was already a beneficiary of any policy before the signing of this document, my Attorney-in-fact cannot name himself or herself as a beneficiary of such policy.

    10. X_____Claims and Litigation Matters
    11. To institute, maintain, defend, compromise, arbitrate or otherwise dispose of, any and all actions, suits, attachments or other legal proceedings for or against me. This power includes, but is not limited to, the power to: appear on my behalf, and the power to settle any claim against me in whichever forum or manner my Attorney-in-fact deems prudent, and to receive or pay any resulting settlement.

    12. X_____Tax Matters
    13. To act for me in all matters that affect my local, state and federal taxes and to prepare, sign, and file documents with any governmental body or agency, including, but not limited to, authority to:

       

      i.

      Prepare, sign and file income and other tax returns with federal, state, local and other governmental bodies, and to receive any refund checks; and

       

      ii.

      Obtain information or documents from any government or its agencies, and represent me in all tax matters, including the authority to negotiate, compromise, or settle any matter with such government or agency.


    14. X_____Government Benefits
    15. To act on my behalf in all matters that affect my right to allowances, compensation and reimbursements properly payable to me by the Government of the United States or any agency or department thereof. This power includes, but is not limited to, the power to prepare, file, claim, defend or settle any claim on my behalf and to receive and manage, as my Attorney-in-fact sees fit, any proceeds of any claim.

    16. X_____Retirement Benefit Transactions
    17. To act for me and represent my interests in all matters affecting any retirement savings or pension plans I may have. This power includes, but is not limited to, the power to continue contributions, change contribution amounts, change investment strategies and options, move assets to other plans, receive and manage payouts, and add or change existing beneficiaries. My Attorney-in-fact cannot add himself or herself as a beneficiary unless he or she is already a designated beneficiary as of the signing of this document.

    18. X_____Family Care
    19. To make whatever expenditures are required for the maintenance, education, benefit, medical care and general advancement of me, my spouse and dependent children, and other persons that I have chosen or which I am legally required to support, any of which may include my Attorney-in-fact. This power includes, but is not limited to, the power to pay for housing, clothing, food, travel and other living costs.

    20. X_____Chattel and Goods Transactions
    21. To purchase, sell or otherwise deal with any type of personal property I may currently or in the future have an interest in. This includes, but is not limited to, the power to purchase, sell, exchange, accept as gift, place as security on loans, rent, lease, to pay or contest taxes or assessments, mortgage or pledge.

    22. X_____Estate Transactions
    23. To do any act that I can do through an Attorney-in-fact with regard to all matters that affect any trust, probate estate, conservatorship, or other fund from which I may receive payment as a beneficiary. This power includes the power to disclaim any interest which might otherwise be transferred or distributed to me from any other person, estate, trust, or other entity, as may be appropriate. However, my Attorney-in-fact cannot disclaim assets to which I would be entitled, if the result is that the disclaimed assets pass directly or indirectly to my Attorney-in-fact or my Attorney-in-fact's estate.

    24. X_____Living Trust Transactions
    25. To transfer any of my assets to the trustee of any revocable trust created by me, if such trust is in existence at the time of such transfer. This property can include real property, stocks, bonds, accounts, insurance policies or other property.

    26. X_____Gift Transactions
    27. To make gifts to my spouse, children, grandchildren, great grandchildren, and other family members on special occasions, including birthdays and seasonal holidays, including cash gifts, and to such other persons with whom I have an established pattern of giving (or if it is appropriate to make such gifts for estate planning and/or tax purposes), in such amounts as my Attorney-in-fact may decide in his or her absolute discretion, having regard to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income requirements.

    28. X_____Charity Transactions
    29. To continue to make gifts to charitable organizations with whom I have an established pattern of giving (or if it is appropriate to make such gifts for estate planning and/or tax purposes), in such amounts as my Attorney-in-fact may decide in his or her absolute discretion, having regard to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income requirements.

    30. X_____Employ Required Professionals
    31. To appoint and employ any agents, servants, companions, or other persons, including nurses and other health care professionals for my care and the care of my spouse and dependent children, and accountants, attorneys, clerks, workers and others for the management, preservation and protection of my property and estate, at such compensation and for such length of time as my Attorney-in-fact considers advisable.

      X_____Manage Real Estate
    32. To manage the property owned by me, or in which I have an interest, located at _____________________________________________________, and municipally known as _____________________________________________________. This power includes, but is not limited to, the power to receive rents, make repairs, pay expenses including the insuring of the property and generally to deal with my property as effectually as I myself could do; to take all lawful proceedings by way of action or otherwise, for recovery of rent in arrears, or for eviction of tenants; and to commence, carry on and defend all actions, suits and other proceedings touching my property or any part of it.

    33. X_____Manage Specific Financial Account
    34. To control my accounts with ____________________ Bank, located at _________________________________________, Account Number(s)__________________________________________. This power includes the authority to conduct any business with respect to any of my listed accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any cheques or other instruments with respect to any such accounts, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation or political entity, and to perform any act necessary to deposit, negotiate, sell or transfer any note, security or draft.

  14. Attorney-in-fact Compensation

  15. My Attorney-in-fact will receive no compensation except for the reimbursement of all out of pocket expenses associated with the carrying out of my wishes.
  16. Co-owning of Assets and Mixing of Funds

  17. My Attorney-in-fact may not mix any funds owned by him or her in with my funds and all assets should remain separately owned if at all possible.
  18. Personal Gain from Managing My Affairs

  19. My Attorney-in-fact is not allowed to personally gain from any transaction he or she may complete on my behalf.
  20. Delegation of Authority

  21. My Attorney-in-fact may not delegate any authority granted under this document.
  22. Attorney-in-fact Restrictions

  23. This Power of Attorney is not subject to any conditions or restrictions other than those noted above.
  24. Notice to Third Parties

  25. Any third party who receives a valid copy of this Power of Attorney can rely on and act under it. A third party who relies on the reasonable representations of my Attorney-in-fact as to a matter relating to a power granted by this Power of Attorney will not incur any liability to the Principal or to the Principal's heirs, assigns, or estate as a result of permitting the Attorney-in-fact to exercise the authority granted by this Power of Attorney up to the point of revocation of this Power of Attorney. Revocation of this Power of Attorney will not be effective as to a third party until the third party receives notice and has actual knowledge of the revocation.
  26. Severability

  27. If any part of any provision of this document is ruled invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of such provisions or the remaining provisions of this document.


  28. I, _______________, the Principal, sign my name to this Power of Attorney this ___ day of ____________________,20___ and, being first duly sworn, do declare to the undersigned authority that I sign and execute this document as my Power of Attorney and that I 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 the power of attorney and that I am eighteen years of age or older, of sound mind and under no constraint or undue influence.

    ____________________________________
    Principal


    I, ________________________, the witness, sign my name to the foregoing Power of Attorney being first duly sworn and do declare to the undersigned authority that the Principal signs and executes this document as his/her Power of Attorney and that he/she signs it willingly, or willingly directs another to sign for him/her, and that I, in the presence and hearing of the Principal, sign this Power of Attorney as witness to the Principal's signing and that to the best of my knowledge the Principal is eighteen years of age or older, of sound mind and under no constraint or undue influence.

    __________________________________
    Witness

WITNESS CERTIFICATE


I, _________________________, currently residing at __________________________, in the City of __________________, in the State of ____________________, hereby acknowledge that:

  1. I witnessed the signing of the Power of Attorney of _______________ dated this ___ day of ____________________,20___.
  2. I am an adult with capacity to witness the signing of the Power of Attorney and I am the subscribing witness thereto.
  3. In my opinion, _______________ had the capacity to understand the nature and effect of the Power of Attorney at the time the Power of Attorney was signed and the Principal signed it freely and voluntarily without any compulsion or influence from any person.
  4. I am not the Attorney-in-fact named in the Power of Attorney nor am I the Attorney-in-fact's spouse or other family member.



_________________________

_________________________

(Signature of Witness)

(Date)


WITNESS CERTIFICATE


I, _________________________, currently residing at __________________________, in the City of __________________, in the State of ____________________, hereby acknowledge that:

  1. I witnessed the signing of the Power of Attorney of _______________ dated this ___ day of ____________________,20___.
  2. I am an adult with capacity to witness the signing of the Power of Attorney and I am the subscribing witness thereto.
  3. In my opinion, _______________ had the capacity to understand the nature and effect of the Power of Attorney at the time the Power of Attorney was signed and the Principal signed it freely and voluntarily without any compulsion or influence from any person.
  4. I am not the Attorney-in-fact named in the Power of Attorney nor am I the Attorney-in-fact's spouse or other family member.



_________________________

_________________________

(Signature of Witness)

(Date)

What is a Arizona Power of Attorney and How is It Used?

Are you thinking about your long-term care? Because, we believe that you should, even if you just turned 18. Your long-term care doesn’t seem like a big deal when you are young, healthy, and business could have better returns but, it’s as important (or even more important) that the big business deal you just bagged. Without a documented plan, your business will crumble as soon as you are unable to make those smart decisions. Without a plan, you may lose your fighting chance because your family doesn’t know your wishes. And, without a plan, you may not know what to do with your children if you’d fall ill and unable to care for your minor kids.

So, you need a plan. That plan is what we call the power of attorney or a POA.

A power of attorney is a legal agreement you use to authorize someone you trust to make decisions on your financials, health care, or childcare in your place in the event of your incapacitation or absence. As the person handing over power, you are the principal and person you appoint is the agent.

The POA can be limited or general meaning that you have control over the aspect of your life you give the agent control.

You will also like the fact that your long-term plan is springing. This means that even if you sign the document today after filling out a free power of attorney form in Arizona, your agent will only act on the powers when you are unable to act or decide.

Types of powers of attorney

1. Arizona Durable Power of Attorney Laws

Would you like the doctors to try every life-sustaining measure in the books to keep you alive? What would you want to happen to your body when you pass on? Say you are just unconscious, would you call feeding using tubes an extreme measure which you wish to avoid? Well, how about you communicate those wishes to your attending physicians through an agent using a healthcare POA called a durable POA (DPOA)?

A DPOA refers to the document with your preferred healthcare directives. It communicates your wishes when you are unable to with your agent as the mouthpiece.

Since the document carries immense responsibilities through the agent, you need to ensure that the agent understands the responsibilities you grant them. For it to be enforceable, the document must be before one or more adult or before the notary public.

Conditions for the DPOA

In the state of Arizona, the DPOA rules and requirements are captured under section 36-3221, et seq. of the Health Care POA.

The specific powers granted by the DPOA include the power of refusal or agreeing to consent to medical, hospital, surgical, and other healthcare decisions the principal cannot make.

DPOA Legal requirements

For it to be enforceable, the document should be prepared and signed by an adult with the powers in writing. It should also be signed and dated.

The language used must show the principal’s clear intent of creating the healthcare POA.

The preparation of the document should take place with at least an adult present. Alternatively, it should be done in the presence of a notary public.

Unlike other states, the free Arizona power of attorney requires that the witness is not in any way related to the principal whether through marriage, adoption, or marriage. Neither should the witness be entitled to the principal’s estate.

  • Revocation of the DPOA

    • The health directives given to the agent can be disqualified in these ways:

    • Using a written revocation notice

    • Oral revocation through the health care provider or the surrogate.

    • The creation of a new directive

    • Other actions demonstrating the intention to revoke the document.

Interstate Validity

Provided the DPOA follows the laws in the state of Arizona, the document will be adopted and the health directives implemented.

An attending physician acting in good faith and accordance with the healthcare directives of the agent will be immune from criminal, professional, or civil suit.

2. Arizona Special POA For Childcare Law

As per the conditions of the Revised Arizona Statute 14-5104, a guardian or a parent to a minor or an incapacitated individual can delegate authority over the said person using a professionally executed POA for at least 6 months. The powers granted will cover care, property, and custody. The powers granted do not, however, include giving consent to adoption or marriage.

The POA document has to be signed and notarized for the non-parent to make decisions for the minor or ward. However, not everyone gives the power as authority over a child. The powers granted are general or specific (sign up a child for an activity or authorizing medication).

The powers granted are revocable at any time through the use of a written revocation notice delivered to the agent in person.

3. Arizona Special POA Law

If you wish to delegate personal responsibilities or duties, revoke or make living wills, or enter into a marriage contract or to initiate a divorce, a general POA will not work – a special POA will. This document has the signature (or mark) of the principal which is dated. It may also bear the signature of another person who acts under the principal’s directions. For its execution, there should be at least 2 18 years+ witnesses present. The witness is not the trustee/ proxy of the principal.

Which city do you reside in within the state of Arizona? You would get our free power of attorney forms available online if resident of Phoenix, Tucson, Mesa, Chandler, Scottsdale, Glendale, Gilbert, Tempe or any other city of Arizona. Fill out the form above to get started.

Sample

AZ Power of Attorney

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