Free Arizona Limited Power of Attorney Form

An Arizona limited power of attorney names an adult agent to make financial decisions for you on a defined matter. One home sale is a common example. Arizona sets the signing rules for these documents in A.R.S. § 14-5501.

Arizona’s execution rules are strict and specific. Here’s what a valid document needs.

One Witness and One Notary

You’ll need your signature, one witness, and a notary public. Then you and your witness each sign a sworn statement, and the notary certifies both under official seal (§ 14-5501(D)(4)). So bring your witness to the notary appointment.

Choosing a Witness Who Qualifies

Your witness can’t be your agent, your agent’s spouse, your agent’s children, or the notary (§ 14-5501(D)(3)). In addition, the witness’s sworn statement says they signed in your presence and hearing.

The Document Must Name Your Agent and Your Intent

The document must clearly show that you mean to create a power of attorney. It must also clearly identify your agent (§ 14-5501(D)(1)).

You can sign or make your mark yourself. Alternatively, another person can sign your name in your conscious presence and at your direction (§ 14-5501(D)(2)).

Surviving Incapacity Takes Specific Words

Arizona treats a power of attorney as durable only when it contains words showing that intent. The statute offers two sample phrasings, and similar language also works (§ 14-5501(A)-(B)). Include that kind of wording only if you want the authority to continue through incapacity.

Vehicle title work follows lighter rules. A power of attorney used only for vehicle title and registration activities falls under A.R.S. § 28-370. That section applies notwithstanding the usual power of attorney article. For that purpose, the document doesn’t need:

• A witness, if it’s notarized
• A notary, if the director of the Arizona Department of Transportation or a designated department officer, agent, or employee witnesses it
• Notarization, in a total loss vehicle settlement submitted electronically in a director-approved way by a licensed insurer or an agent

The department’s Motor Vehicle Division also publishes a Power of Attorney form, Form 48-1001. It appoints another person to sign the documents needed to obtain and transfer a vehicle title.

However, the shortcut covers title and registration work only. If your Arizona limited power of attorney reaches anything else, the full witness-and-notary rule applies.

Plan one appointment with everyone present. Then follow these steps:

1. Write out the task, and name your agent in full.
2. Decide whether the authority should survive your incapacity, and add durable wording only if it should.
3. Ask a qualified adult to be your witness, someone other than your agent or the agent’s family.
4. Meet the notary together, and sign in the witness’s presence.
5. Have your witness sign, then have the notary complete the sworn certificate with a seal.
6. Give the signed document to your agent, and keep a copy yourself.

For a vehicle-only task, you can instead use the division’s Form 48-1001 and follow the § 28-370 options above.

Because Arizona prescribes the certificate language, this block matters more than usual. Your Arizona limited power of attorney should include:

• A clear statement that you intend to create a power of attorney
• Your agent’s full name
• The specific task, with details like a property address or account name
• A start date and an end date or event
• Durable wording, only if you want it

The Sworn Statements

The statute sets out certificate wording to follow in substance. In yours, you declare that you sign willingly and that you’re 18 or older. You also declare that you’re of sound mind and under no constraint or undue influence.

Your witness also declares that you signed willingly, and that they signed in your presence and hearing. Then the notary records the date, the state, and the county, and adds a seal. The statutory wording puts the three parts in order: you, your witness, then the notary.