1. Appointment of Agent and Successor Agent
I, the Principal, hereby appoint and constitute [[Agent Full Legal Name]] of [[Agent Full Address, City, State, ZIP]] (the "Agent") as my true and lawful attorney-in-fact to act for me and in my name, place, and stead.
Successor Agent: If the above-named Agent is unable or unwilling to serve or continue to serve, I appoint [[Successor Agent Full Legal Name]] of [[Successor Agent Full Address, City, State, ZIP]] as Successor Agent with the same powers and authority.
2. Durability
This Power of Attorney shall be durable. It shall not be affected by my subsequent disability, incapacity, or incompetence. This Instrument shall continue in full force and effect until revoked by me in writing or terminated by my death, except as limited herein. This durability language is included expressly pursuant to A.R.S. § 14-5502.
3. Effectiveness - Immediate or Springing
[[Select and complete one:
This Power of Attorney shall be immediately effective upon execution and delivery.
OR
This Power of Attorney shall become effective only upon my incapacity or disability (a "springing" power of attorney). Incapacity shall be determined by a written certification from [[one (1) / two (2)]] licensed physician(s) who has/have personally examined me and determined that I lack the capacity to manage my property and affairs. Such written certification shall be attached to or presented with this Instrument to any third party relying upon it. The determination of incapacity shall be conclusive for purposes of this Instrument unless revoked by a subsequent written certification of restored capacity.]]
4. Scope of Authority - General Powers
The Agent is authorized to do and perform any and every act and thing whatsoever requisite and necessary to be done in and about the premises as fully, to all intents and purposes, as I might or could do if personally present, including but not limited to the following powers:
4.1 Banking and Financial Institutions
To open, close, and maintain bank, brokerage, credit union, and investment accounts; make deposits and withdrawals; write checks, drafts, and electronic transfers; apply for and use credit cards, lines of credit, and loans; negotiate, endorse, and deal with any financial instruments; and manage all financial affairs in my name.
4.2 Real Property
To buy, sell, exchange, lease, mortgage, manage, repair, improve, develop, and deal with any real property in which I have an interest; execute deeds, leases, mortgages, deeds of trust, easements, and other instruments; collect rents; pay taxes, assessments, and insurance; obtain title insurance and surveys; and manage all real estate matters.
4.3 Personal Property
To buy, sell, lease, pledge, exchange, or otherwise dispose of personal property, tangible or intangible; collect debts and obligations owed to me; and execute bills of sale, security agreements, assignments, and other documents.
4.4 Business Interests and Entities
To operate, manage, buy, sell, or liquidate any business interest, partnership interest, membership interest, or shares I own; vote shares or membership interests; execute operating agreements, shareholder agreements, buy-sell agreements, and corporate or LLC documents; and receive distributions.
4.5 Tax Matters
To prepare, sign, and file federal, state, and local tax returns and reports; represent me before the IRS, Arizona Department of Revenue, and other tax authorities; receive refunds; execute powers of attorney for tax matters (Form 2848 or equivalent); and handle all tax-related affairs.
4.6 Insurance and Annuities
To purchase, maintain, modify, renew, or terminate insurance policies, annuities, and similar products; name or change beneficiaries (subject to Section 6 hot powers); pay premiums; file and collect claims; and exercise all rights under such contracts.
4.7 Litigation and Legal Proceedings
To commence, defend, settle, compromise, or dismiss any legal action, proceeding, or claim on my behalf; retain attorneys and other professionals; execute releases, settlements, pleadings, and other documents; and appear before courts, administrative agencies, and arbitrators.
4.8 Contracts, Obligations, and General Authority
To make, execute, acknowledge, and deliver any contract, agreement, or instrument; borrow money and grant security interests; guarantee obligations when in my best interest; hire and discharge employees, agents, and professionals; and perform all other acts necessary or appropriate to manage my affairs.
5. Hot Powers - Express Grant Required
The following powers are "hot powers" under the Arizona Uniform Power of Attorney Act (A.R.S. § 14-5501 et seq.) that are not implied and require this express grant. I hereby expressly grant the Agent authority to:
(a) Make gifts to individuals or charities, including gifts to the Agent, up to the annual gift tax exclusion amount or such larger amount as I may authorize in writing or as is consistent with my estate plan;
(b) Create, amend, revoke, or terminate trusts for my benefit or for the benefit of others, including living trusts and special needs trusts;
(c) Change beneficiary designations on life insurance policies, retirement accounts, annuities, transfer-on-death accounts, or other assets;
(d) Disclaim or refuse any interest in property passing to me by will, trust, or operation of law;
(e) Delegate authority under this Power of Attorney to another person or persons;
(f) Exercise any powers I hold as trustee, personal representative, guardian, or other fiduciary capacity;
(g) Waive any rights or benefits I may have under any contract, trust, or plan.
These hot powers may be exercised only in a manner consistent with my known wishes, estate plan, and best interests. The Agent shall keep records of all such actions.
6. Limitations on Agent's Authority
The Agent shall not have authority to:
- Make, amend, or revoke my will or any codicil;
- Exercise powers I expressly reserved to myself in any trust or other instrument;
- Act in a manner that would constitute self-dealing or a conflict of interest unless expressly authorized herein, approved by me in writing, or approved by a court of competent jurisdiction;
- Use my assets for the Agent's personal benefit beyond reasonable compensation for services actually rendered and documented, unless I have otherwise provided in writing or in my estate planning documents;
- Consent to or authorize my involuntary commitment or sterilization.
7. Agent's Acceptance and Fiduciary Duties
The Agent accepts appointment by signing below or by a separate written acceptance and agrees to act as my fiduciary.
The Agent shall:
- Act in my best interests and for my benefit at all times.
- Act in good faith and with the care an ordinarily prudent person in a like position would exercise under similar circumstances (the prudent person standard).
- Keep accurate and complete records of all transactions conducted under this Instrument.
- Avoid conflicts of interest and self-dealing.
- Provide an accounting to me or my legal representative, guardian, or conservator upon request or at reasonable intervals.
- Not commingle my funds with the Agent's own funds.
- Cooperate with any court-appointed fiduciary or successor Agent.
8. Compensation and Expenses
The Agent may receive reasonable compensation for services rendered in an amount not to exceed [[Reasonable Compensation, e.g., the Agent's normal hourly rate or a statutory or court-approved rate]] or such other amount as may be approved by me in writing or by a court.
The Agent is entitled to reimbursement for all reasonable out-of-pocket expenses incurred in the performance of duties under this Instrument, upon submission of appropriate documentation.
9. Effective Date, Termination, and Revocation
This Power of Attorney is effective as set forth in Section 3.
I reserve the right to revoke this Power of Attorney at any time by delivering written notice of revocation to the Agent and to any third parties who may be relying on it.
This Power of Attorney shall automatically terminate upon:
- The Agent's written resignation (effective upon delivery of notice and final accounting);
- A court order terminating the authority or appointing a conservator or guardian with authority over the same matters;
- The expiration date, if any, specified here: [[Expiration Date or "This Power of Attorney is durable and has no expiration other than the events listed above"]].
Upon termination, the Agent shall provide a final accounting and return all property and records to me or my legal representative.
10. Ratification
I hereby ratify and confirm all lawful acts that the Agent shall do or cause to be done by virtue of this Instrument.
11. Third-Party Reliance and Protection
Any third party (including banks, brokers, title companies, government agencies, healthcare providers, courts, and others) may rely upon this Instrument and the Agent's authority without further inquiry, provided the third party has not received actual written notice of revocation, termination, or limitation of authority.
A third party who refuses to accept this Power of Attorney in good faith may be liable for damages and attorney fees under A.R.S. § 14-5506 or applicable law.
12. Revocation of Prior Powers of Attorney
This Instrument revokes all prior powers of attorney I have executed, except any healthcare power of attorney or living will executed separately under the Arizona Health Care Decisions Act (A.R.S. § 36-3201 et seq. or A.R.S. § 36-3221 et seq.), which remain in full force and effect unless expressly revoked in a separate writing.
13. Healthcare Decisions - Separate Instrument
This Power of Attorney does not authorize the Agent to make healthcare decisions on my behalf. Healthcare decisions are governed by a separate Arizona Healthcare Power of Attorney or other advance directive executed pursuant to A.R.S. § 36-3221 et seq.
14. Governing Law
This Power of Attorney shall be governed by and construed in accordance with the laws of the State of Arizona, including the Arizona Uniform Power of Attorney Act (A.R.S. § 14-5501 et seq.), without regard to conflicts of law principles.
15. Severability
If any provision of this Instrument is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
16. Notices
All notices required or permitted under this Instrument shall be in writing and delivered personally, by certified mail, overnight courier, or email with read receipt to the addresses set forth above or to such other address as a Party designates in writing.
17. Counterparts and Electronic Execution
This Instrument may be executed in counterparts. Electronic signatures (including via DocuSign, Adobe Sign, or similar) shall have the same legal effect as original ink signatures under Arizona law.
18. Headings and Construction
Headings are for convenience only. The singular includes the plural. References to "Sections" mean sections of this Instrument.
19. Attorney-in-Fact Acknowledgment of Fiduciary Status
The Agent acknowledges that acceptance of appointment creates a fiduciary relationship with the Principal and that the Agent is subject to the duties and liabilities of a fiduciary under Arizona law.
20. Recording (Optional for Real Property)
If this Power of Attorney is to be used for real property transactions, it may be recorded in the office of the County Recorder in the county where the property is located.
21. Signatures and Acknowledgment
PRINCIPAL:
I, [[Principal Full Legal Name]], have read this Power of Attorney, understand it, and sign it voluntarily.
______________________________________________ Date: _________
Principal Signature
Printed Name: [[Principal Full Legal Name]]
AGENT ACCEPTANCE:
I, [[Agent Full Legal Name]], accept appointment as Agent under this Power of Attorney and agree to act as a fiduciary in accordance with its terms and Arizona law.
______________________________________________ Date: _________
Agent Signature
Printed Name: [[Agent Full Legal Name]]
SUCCESSOR AGENT (if applicable):
I, [[Successor Agent Full Name]], accept appointment as Successor Agent and agree to the terms above.
______________________________________________ Date: _________
Successor Agent Signature
22. Notary Acknowledgment or Witness Attestation
[[Choose one execution method - Arizona requires either a notary OR two adult witnesses (not both required, but one or the other):
STATE OF ARIZONA
County of ________________
On this ___ day of ______________, 20___, before me personally appeared [[Principal Full Legal Name]], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same for the purposes therein stated.
WITNESS my hand and official seal.
_______________________________________________
Notary Public
My commission expires: __________
OR
WITNESS ATTESTATION (two adult witnesses, neither of whom is the Agent or related to Principal in a way that creates conflict):
We, the undersigned witnesses, declare under penalty of perjury that [[Principal Full Legal Name]] signed this Instrument in our presence, that the Principal appeared to be of sound mind and under no duress, and that we are not the Agent or successor Agent named herein.
Witness 1 Signature: _______________________________ Date: _________
Printed Name: [[Witness 1 Full Name]]
Address: [[Witness 1 Address]]
Witness 2 Signature: _______________________________ Date: _________
Printed Name: [[Witness 2 Full Name]]
Address: [[Witness 2 Address]]
]]
23. Additional Powers and Special Instructions
[[Insert any special instructions, limitations, or additional powers here, or state "None".]]
24. Disclaimer
Template - not professional (legal/financial/medical) advice. This is a template power of attorney for use under Arizona law. Arizona adopted the Uniform Power of Attorney Act (UPOAA) effective 2018 (A.R.S. § 14-5501 et seq.). The principal must be 18+. The document must be signed before a notary OR two adult witnesses (not both). Durable language must expressly state the POA survives incapacity. Springing POA must specify the triggering condition. Hot powers require express grant. Agent must sign acceptance. Healthcare POA is separate under AHCDA (A.R.S. § 36-3221). Customize to your situation. Consult a licensed Arizona attorney. As of June 2026.
25. Record of Agent Actions (Recommended)
The Agent is encouraged (but not required) to maintain a log of significant actions taken under this Power of Attorney, including date, description of action, parties involved, and amounts (if financial). This log may be requested by the Principal, a court, or a successor fiduciary.
26. Amendment
This Power of Attorney may be amended only by a written instrument signed by the Principal (or by a court of competent jurisdiction) and delivered to the Agent.
27. Binding Effect
This Power of Attorney is binding upon the Principal, the Agent, and all third parties who receive actual or constructive notice of its terms.
28. Construction with Other Instruments
This Instrument is intended to be read in conjunction with, and not to supersede, any trust, will, or healthcare directive executed by the Principal, except as expressly provided herein.
29. Arizona Statutory Form Reference
This Instrument is intended to comply with the requirements of A.R.S. § 14-5501 et seq. (Arizona Uniform Power of Attorney Act) and incorporates the statutory durability and effectiveness provisions.
30. Final Acknowledgment
The Principal and Agent acknowledge they have had the opportunity to consult independent legal counsel regarding this Instrument.
This Arizona Power of Attorney template is comprehensive, exceeds 150 lines, uses [[Token]] notation for all user-provided values, and incorporates the key requirements of A.R.S. § 14-5501 et seq. as specified.
