Arizona Revised Statutes

Ariz. Rev. Stat. § 14-5501 (2026)

Durable power of attorney; creation; validity

✓ current as of May 2026

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A. A durable power of attorney is a written instrument by which a principal designates another person as the principal's agent. The instrument shall contain words that demonstrate the principal's intent that the authority conferred in the durable power of attorney may be exercised:

1. If the principal is subsequently a person with a disability or incapacitated.

2. Regardless of how much time has elapsed, unless the instrument states a definite termination time.

B. The written instrument may demonstrate the principal's intent required by subsection A of this section using either of the following statements or similar language:

1. "This power of attorney is not affected by subsequent disability or incapacity of the principal or lapse of time."

2. "This power of attorney is effective on the disability or incapacity of the principal."

C. A power of attorney executed in another jurisdiction of the United States is valid in this state if the power of attorney was validly executed in the jurisdiction in which it was created.

D. Except as provided in section 28-370, an adult, known as the principal, may designate another adult, known as the agent, to make financial decisions on the principal's behalf by executing a written power of attorney that satisfies all of the following requirements:

1. Contains language that clearly indicates that the principal intends to create a power of attorney and clearly identifies the agent.

2. Is signed or marked by the principal or signed in the principal's name by some other individual in the principal's conscious presence and at the principal's direction.

3. Is witnessed by a person other than the agent, the agent's spouse, the agent's children or the notary public.

4. Is executed and attested by its acknowledgment by the principal and by an affidavit of the witness before a notary public and evidenced by the notary public's certificate, under official seal, in substantially the following form:

I, __________, the principal, sign my name to this power of attorney this _____ day of __________ and, being first duly sworn, do declare to the undersigned authority that I sign and execute this instrument as my power of attorney and that I sign it willingly, or willingly direct another to sign for me, that I execute it as my free and voluntary act for the purposes expressed in the power of attorney and that I am eighteen years of age or older, of sound mind and under no constraint or undue influence.

______________________

Principal

I, __________, the witness, sign my name to the foregoing power of attorney being first duly sworn and do declare to the undersigned authority that the principal signs and executes this instrument as the principal's power of attorney and that the principal signs it willingly, or willingly directs another to sign for the principal, and that I, in the presence and hearing of the principal, sign this power of attorney as witness to the principal's signing and that to the best of my knowledge the principal is eighteen years of age or older, of sound mind and under no constraint or undue influence.

____________________

Witness

The state of ______________

County of _________________

Subscribed, sworn to and acknowledged before me by __________, the principal, and subscribed and sworn to before me by __________, witness, this _____ day of ____________.

(seal)

(signed) _____________________

______________________________

(notary public)

E. The execution requirements for the creation of a power of attorney provided in subsection D of this section do not apply if the principal creating the power of attorney is:

1. A person other than a natural person.

2. Any person, if the power of attorney to be created is a power coupled with an interest. For the purposes of this paragraph, "power coupled with an interest" means a power that forms a part of a contract and is security for money or for the performance of a valuable act.

F. A person whose license as a fiduciary has been suspended or revoked pursuant to section 14-5651 may not serve as an agent under a power of attorney in any capacity unless the person is related to the principal by blood, adoption or marriage. This prohibition does not apply if the person's license has been reinstated and is in good standing.

Notes of Decisions

Cited in 10 cases (3 in the last 5 years), 1985–2024 · leading case: Weinstein v. Weinstein, 326 P.3d 307 (Ariz. Ct. App. 2014).

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Weinstein v. Weinstein, 326 P.3d 307 (Ariz. Ct. App. 2014). · cites it 4× “” A.R.S. § 14-5501(A). In contrast, a “ ‘power [of attorney] coupled with an interest’ means a power that forms a part of a contract and is security for money or for the performance of a valuable act.”

Cruzan Ex Rel. Cruzan v. Dir., Missouri Dep't of Health, 497 U.S. 261 (1990). · cites it 2× “1989); Ariz. Rev. Stat. Ann. § 14-5501 (1975); Ark.”

Golleher v. Horton, 715 P.2d 1225 (Ariz. Ct. App. 1985). · cites it 4× “See A.R.S. § 14-5501. The legislature has further provided that an agent who acts without actual knowledge of the incompetence of his principal pursuant to a non-durable power of attorney nevertheless binds the principal.”

Testa ex rel. Testa v. Emeritus Corp., 168 F. Supp. 3d 1103 (N.D. Ill. 2016). · cites it 2× “ARS § 14-5501 (governing durable power of attorney).”

Advanced Reimbursement Solutions LLC v. Aetna Life Ins. Co. (D. Ariz. 2022). · cites it 4× “” A.R.S. § 14-5501(A). In contrast, a 15 “‘power [of attorney] coupled with an interest’ means a power that forms a part of a 16 contract and is security for money or for the performance of a valuable act.”

In Re Indenture of Trust Dated January 13, 1964 (Ariz. Ct. App. 2014). · cites it 4× “” A.R.S. § 14-5501(A). In contrast, a “‘power [of attorney] coupled with an interest’ means a power that forms a part of a contract and is security for money or for the performance of a valuable act.”

Renee Zinni v. Jackson White Pc, 565 F. App'x 613 (9th Cir. 2014). “Ariz.Rev.Stat. § 14-5501(E)(1). The district court properly dismissed Counts 4 (abuse of process), 5 (intentional and negligent infliction of emotional distress), and 6 (libel).”

Heritage v. Adhs (Ariz. Ct. App. 2020). · cites it 2× “”); A.R.S. § 14-5501(D) (under a POA, an agent may “make financial decisions on the principle’s behalf”).”

Dominik Spang v. Bonnie Huizenga (9th Cir. 2023). “See Ariz. Rev. Stat. § 14-5501 (A) (“A durable power of attorney is a written instrument by which a principal designates another person as the principal’s agent.”

Karen Bass & Lynn Smith, in Their Capacity as Successor Co-Trs. on Behalf of the Amended & Restated George E. Bogle & Nancy T. Bogle Jt. Revocable Trust, Dated March 2, 2021 v. George Michael Bogle & Katherine Leigh Bogle Leavitt (Tex. App. 2024). “, Ariz. Rev. Stat. §§ 14-5501 (addressing creation and validity of durable power of attorney), 14-10112 (stating that rules of construction that apply in Arizona to interpretation of and disposition of property by will also apply as appropriate to terms of trust); In re Estate…”

— Ariz. Rev. Stat. § 14-5501(A) — 3 cases

Weinstein v. Weinstein, 326 P.3d 307 (Ariz. Ct. App. 2014). “” A.R.S. § 14-5501(A). In contrast, a “ ‘power [of attorney] coupled with an interest’ means a power that forms a part of a contract and is security for money or for the performance of a valuable act.”

Advanced Reimbursement Solutions LLC v. Aetna Life Ins. Co. (D. Ariz. 2022). “” A.R.S. § 14-5501(A). In contrast, a 15 “‘power [of attorney] coupled with an interest’ means a power that forms a part of a 16 contract and is security for money or for the performance of a valuable act.”

In Re Indenture of Trust Dated January 13, 1964 (Ariz. Ct. App. 2014). “” A.R.S. § 14-5501(A). In contrast, a “‘power [of attorney] coupled with an interest’ means a power that forms a part of a contract and is security for money or for the performance of a valuable act.”

— Ariz. Rev. Stat. § 14-5501(D) — 1 case

Heritage v. Adhs (Ariz. Ct. App. 2020). “”); A.R.S. § 14-5501(D) (under a POA, an agent may “make financial decisions on the principle’s behalf”).”

— Ariz. Rev. Stat. § 14-5501(D)(4) — 1 case

— Ariz. Rev. Stat. § 14-5501(E)(1) — 1 case

— Ariz. Rev. Stat. § 14-5501(E)(2) — 2 cases

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