By Arizona law a Durable power of attorney needs to signed in front of one witness and a notary public. Although the law in Arizona only require one at Citadel law Firm we usually use two.
The person who assigns power of attorney is known as the principal, and the person to whom the principal gives POA is the agent. The principal — that is, the person who assigned POA to someone (an agent) on their behalf — can revoke it.
Arizona law requires that you sign a power of attorney in the presence of a notary public. A witness must also sign a statement before a notary. This witness cannot be: a person you named as an agent in the Power of Attorney.
For a durable power of attorney to be valid in Arizona, it must: be in writing; be signed by an adult as principal; clearly identify another adult as agent; specify whether the power is effective when the principal signs it or state that it becomes effective if the principal is later disabled or incapacitated;
What a power of attorney can't do Change a principal's will. Break their fiduciary duty to act in the principal's best interests. Make decisions on behalf of the principal after their death. (POA ends with the death of the principal. Change or transfer POA to someone else.
PLEASE NOTE: At least one adult witness, not to include the proxy if there is one, OR a notary public must witness you signing this document. DO NOT have the documents signed by both a witness and a notary, just pick one.
What is a Special Power of Attorney? A Special Power of Attorney, otherwise known as “SPA”, is a legal document that grants a chosen individual—the agent or attorney-in-fact—the authority to perform specific actions on behalf of another person, the principal or grantor.
The Power of Attorney does not need to be filed with the Court. Each person who is made your Agent should keep the original of his or her Power of Attorney form in a convenient place so that it can be located easily when needed.
For a durable power of attorney to be valid in Arizona, it must: be in writing; be signed by an adult as principal; clearly identify another adult as agent; specify whether the power is effective when the principal signs it or state that it becomes effective if the principal is later disabled or incapacitated;