This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
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 specifications and restrictions for PoA forms will vary by state; however, in Arizona, your Power of Attorney must be acknowledged by a notary public or signed by one witness. Witnesses to this PoA must not be anyone involved in your care, nor any relative, spouse, adoptee, heir, or any other beneficiary.
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;
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.
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.
An Arizona Health Care Power of Attorney is a document that allows you to appoint someone to make health care and end-of-life decisions on your behalf. It is like the Arizona Financial Durable Power of Attorney in the way that it does not end if you become incapacitated, but it is only for your health care decisions.
Are there limitations to what an agent can do under an MPOA? Yes, an agent under an MPOA cannot override the principal's explicit wishes, advance directives, or authorize non-healthcare-related decisions. Their decisions must align with the principal's known preferences and legal parameters set in the MPOA document.
The specifications and restrictions for PoA forms will vary by state; however, in Arizona, your Power of Attorney must be acknowledged by a notary public or signed by one witness. Witnesses to this PoA must not be anyone involved in your care, nor any relative, spouse, adoptee, heir, or any other beneficiary.
A notary public who has a direct or indirect financial (or other beneficial) interest in a document may not notarize such a document. The better practice is not to notarize for a spouse or family member in order to preserve the integrity of the notarization and to prevent a challenge to the notarization.
Note: The Power of Attorney does not need to be filed with the Court. Each person who is made the Attorney-in-Fact/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.