Arizona Durable Power of Attorney Instructions

by Van O'Steen

Simple, clear instructions showing you how to fill out your Durable Power of Attorney.

Answers to Frequently Asked Questions About Your Power of Attorney

Completing the Forms

Some Sample Provisions for a Special Power of Attorney

Answers to Some Frequently Asked Questions About Your Power of Attorney

What Is A Power Of Attorney?
A Power of Attorney is a document which allows a person (called the "Principal") to give the power to another person (called the Attorney-in-Fact") to do certain things or perform certain acts which the Principal could ordinarily do only for himself or herself.  The law permits one to delegate very broad powers to another using a Power of Attorney.  Some examples of the use of Powers of Attorney will be described later in this section. The term "Attorney-in-Fact" has nothing whatsoever to do with "attorneys at law" or "lawyers."

What Is A Durable Power Of Attorney?
A Durable Power of Attorney is one that remains in effect, or only becomes effective, if and when you become disabled or incompetent.  Without clear "durability" language in your power of attorney, it generally will be considered void in the event of your disability or incompetence.  The power of attorney forms contained in our web site are designed to become effective immediately and continue in effect following any disability or incompetence.  If you want any other result, you would be wise to discuss your needs with a lawyer.

Who Can Use A Power Of Attorney?
Anyone who is an adult (18 years of age or older in Arizona) and of sound mind can be either a Principal or an Attorney-in-Fact.

Can I Appoint A Resident Of Another State To Be My Attorney-In-Fact?
Yes.  Any adult, in any state, can exercise the power conferred by a Power of Attorney.

How Does A General Power Of Attorney Differ From A Special Power Of Attorney?
A General Power of Attorney gives very broad powers to the Attorney-in-Fact.  It permits an Attorney-in-Fact to do everything which the law permits the Principal to do.  Therefore, it is important that you give serious thought to the matter before giving a General Power of Attorney to anyone.  A General Power of Attorney would permit the person receiving it to do such things as draw the Principal's money from the bank, sell the Principal's property and borrow money in the Principal's name.  A General Power of Attorney gives great flexibility where that is needed, but when the purpose of the Power of Attorney is limited to one or more specific functions, a Special Power of Attorney should be used.  A Special Power of Attorney permits the person receiving it to do only those limited acts which are clearly described in the Special Power of Attorney.  This section contains both forms; you may select the one that best suits your needs.

Completing the Forms

How To Complete The Forms
After you decide whether a Durable General Power of Attorney or Durable Special Power of Attorney best meets your needs, locate the proper form.  We recommend that you use a separate form for each person who will be appointed your Attorney-in-Fact.

After the form has been properly completed, it must be signed by the Principal in the presence of a witness and a Notary Public.  This witness cannot be your Attorney-in-Fact, his or her spouse or child or the Notary Public.

What To Do With The Power Of Attorney After Signing It
Each person who is made your Attorney-In-Fact should keep the original of his or her Power of Attorney form.  Obviously, the form should be kept in a convenient place so that it can be located easily when needed.  Each Attorney-in-Fact should be instructed to take the original form with him or her when attempting to exercise the power conferred by it.  Many people will want to see the original Power of Attorney before permitting your Attorney-in-Fact to act on your behalf.  At times, a copy of the Power of Attorney may be requested in connection with a particular transaction but the Attorney-in-Fact should never release the original.

You may wish to have your Power of Attorney recorded in the office of the County Recorder in any county in which your Attorney-in-Fact may act on your behalf.  This makes a public record of your Power of Attorney and permits someone who relies on it to easily verify its existence.  Furthermore, if the original should be lost or destroyed, this enables your Attorney-in-Fact to prove his or appointment and authority.  A small fee is charged by each County Recorder's Office for this service.  If you intend to mail your Power of Attorney to your County Recorder's Office, you should determine the amount of this fee in advance and include a casher's check or money order in the correct amount.

How To Revoke A Power Of Attorney
This section contains a Revocation of Power Attorney form.  It is important that you have this Revocation recorded in the County Recorder's Office of every county where the Power of Attorney which it is intended to revoke was recorded.  In addition, you should mail photocopies of the Revocation form to all persons you think might have relied on the Power of Attorney which you originally gave, and those who might be asked to rely on it in the future. If your Attorney-in-Fact never used the Power of Attorney, and it was not recorded in a County Recorder's Office, you can revoke it by simply having it returned to you and destroying it.

Some Sample Provisions for a Special Power of Attorney

Set-out below are some of the most commonly used provisions for Special Powers of Attorney.  These are only intended to be examples and may be modified to suit your personal situation.  Virtually everything you can do for yourself under the law, you can delegate to another person by using a Power of Attorney.  Thus, if these sample provisions do not meet your needs, you may draft your own provision.  If you have any questions about how to draft your provision, you would be wise to consult an attorney for assistance.  These provisions, or your own, should be inserted where indicated on the Special Power of Attorney form(s).

To Cash Checks
To receive, endorse and collect checks payable to the order of the Principal drawn on any source whatsoever, and to execute in the name and on behalf of the Principal, all bonds, indemnities, applications, or other documents which may be required by law or regulation to secure the issuance of substitutes for such checks, and to give full discharge for same.

To Sell A Motor Vehicle
Make: ________________________________

Body Style: ____________________________

Year Made: ____________________________

I.D. or Engine No.: ______________________

To sign, in the name, place and stead of Principal, any Certificate of Ownership issued by the (name of state agency which issued ownership certificate), State of ____________, covering the motor vehicle described above, in whatever manner necessary to transfer registration of said motor vehicle.

To Sell Real Estate
To sell, exchange, grant or convey the following described real property, or any interest therein, or any improvements thereon, belonging to Principal: (Legal Description and Street Address of Property)

To Give Temporary Custody Of Your Child(ren) To Another Adult
To have temporary custody of the following minor child(ren) of the Principal, and to exercise all power and rights incident thereto:

The power conferred hereunder shall include, but not be limited to, the right to determine the legal place of residence of the minor child(ren), the right to enroll the minor child(ren) in public schools, and the right to consent to and authorize any first aid or medical care which Attorney-in-Fact deems necessary or advisable for the treatment of any illness or injury of the minor child(ren).

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