Signing Over Authority
A.R.S. 14-5501 — a witness and a notary, and durable only if it says so
In Arizona, an adult may name another adult as agent to make financial decisions by a written power of attorney that clearly says it is one and clearly identifies the agent, is signed or marked by the principal (or signed in the principal's name by someone else in the principal's conscious presence and at the principal's direction), is witnessed, and is acknowledged before a notary public.
Who cannot be the witness. The witness must be someone other than the agent, the agent's spouse, the agent's children, or the notary. The section sets out the sworn statements the principal and the witness make before the notary.
Durable only with the words. An Arizona durable power of attorney must contain words showing the principal meant the authority to be used after a later disability or incapacity, and however much time has passed unless it states a definite end. The section gives two examples: "This power of attorney is not affected by subsequent disability or incapacity of the principal or lapse of time," and "This power of attorney is effective on the disability or incapacity of the principal."
| The assumption | What the law actually does |
|---|---|
| The assumptionA notary alone makes it valid | What the law actually doesA witness and a notary, and the witness cannot be the agent, the agent's spouse or children |
| The assumptionIt keeps working if I lose capacity | What the law actually doesOnly if its words show that intent |
| The assumptionOne signed in another state does not count here | What the law actually doesValid here if it was validly executed where it was made |
| The assumptionAnyone can sign one, whatever their state of mind | What the law actually doesA power of attorney signed by an adult without capacity is invalid |
Capacity and pressure. A power of attorney signed by an adult who lacks capacity is invalid, and capacity means understanding, in a reasonable manner, the nature and effect of signing it. An agent who used intimidation or deception to get the document, or any authority in it, is subject to prosecution and civil penalties.
Who has to prove capacity. In a criminal case the agent must prove by clear and convincing evidence that the principal had capacity. In a civil case, if the challenger shows the principal was a vulnerable adult when it was signed, the agent must prove capacity by clear and convincing evidence; otherwise, by a preponderance of the evidence.
A person whose fiduciary license has been suspended or revoked may not serve as an agent unless related to the principal by blood, adoption or marriage. Health care powers of attorney, revocation, and an agent's duties run under their own sections and are not on this page. Drafting, limiting or challenging one is a matter for a licensed Arizona attorney.
Sources for this section (2)
- A.R.S. 14-5501 — Durable power of attorney; creation; validity
- A.R.S. 14-5506 — Powers of attorney; intimidation; deception; definitions
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Arizona attorney.