Who fills this out
The principal (the person granting authority) fills out and signs the form. The agent named in the document does nothing at signing; the agent acts only later, after the document is in effect.
When to file
An Arizona financial POA is not filed with any court or agency. It takes effect on signing (unless drafted to spring into effect only upon incapacity) and is presented to banks, brokerages, the county recorder, or the IRS as needed by the agent.
What you will need
- Full legal names of the principal and the agent (and any successor agent).
- Notary acknowledgment.
- One adult witness who is not the agent, the agent's spouse, or the agent's child.
- Specific grants of authority (banking, real estate, taxes, retirement, gifts) or a general grant.
- Statement that the POA is durable so it survives incapacity.
Common mistakes
- No notary. Without notarization the POA is unenforceable under A.R.S. § 14-5501(D).
- The witness is the agent. The witness must be an independent adult.
- Using a generic out-of-state form. Out-of-state POAs may be honored in Arizona but most banks reject them; use the Arizona statutory form.
- No gift authority when you need it. Default Arizona POAs do not authorize gifting; Medicaid planning requires a specific gift clause.
- Letting it lapse. Banks often reject POAs more than a few years old; review and re-sign every three to five years.
Questions families ask
Does my agent need to sign too?
No. Only the principal, witness, and notary must sign. The agent's signature is not required for validity.
When does a 'springing' POA take effect?
A springing POA only takes effect when a physician certifies the principal is incapacitated, per the document's own terms. Most attorneys recommend an immediate POA to avoid the certification delay.
Related forms
An Arizona living will under A.R.S. § 36-3262 tells doctors what life-sustaining treatment you want or refuse if you cannot speak for yourself. It must be signed by you and either notarized or witnessed by one adult who is not your healthcare provider, your spouse, an heir, or directly financially responsible for your care.
An Arizona healthcare power of attorney under A.R.S. § 36-3221 lets you name an agent to make medical decisions if you cannot speak for yourself. It must be signed by you and witnessed by one adult who is not your provider, spouse, heir, or financially responsible for your care, or notarized.