Arizona Power of Attorney Requirements
It is crucial that your POA meets all the legal requirements for the state in which you reside. Requirements vary by state, so check with your Arizona POA attorney to assure that you have satisfied all that apply in your state. In Arizona, a power of attorney must be a written document that conveys the principal’s intent to designate someone as their agent. Additionally, the principal must be at least 18 years old and of sound mind when executing the power of attorney. This is where the “durable” in “durable power of attorney” comes in- the term here means that you were mentally competent when the document was signed.
A durable power of attorney must be signed by the principal, or signed in the principal’s conscious presence and at the principal’s direction. Plus, it must be notarized by someone who isn’t the agent, the agent’s spouse, the agent’s child, or the notary public. Also, it must be executed and witnessed before a notary public, evidenced by the notary public’s seal. Additionally, the language in a POA needs to be very specific to meet Arizona’s requirements. Therefore, review yours with your Arizona POA attorney to make sure that it is valid. Keep in mind, the principal can designate more than one person to be an agent, or designate alternative agents to step in if the first choice agent is unable.