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Arizona Durable Power of Attorney

Arizona durable power of attorney laws are found under Arizona Revised Statutes, Title 14, Chapter 5, Article 5.  A power of attorney is a legal instrument that authorizes another person to act on behalf of the person authorizing.  The person who executes the power of attorney is called the principal, and the person who is authorized to act on behalf of the principal is called an Agent or Attorney-in-Fact.  A durable power of attorney is an instrument which specifically state that the power of attorney continues in effect even if the principal is subsequently disabled or incapacitated.

According to Section 14-5502, all acts by the agent on behalf of the principal when the principal is incapacitated will have the same effect as if the principal was not incapacitated.  However, if a court appoints a conservator or fiduciary the agent will be answerable to the conservator as if to the principal.  The conservator or fiduciary has the power to amend or revoke the power of attorney like the principal.  The principal’s death does not revoke or invalidate the actions of the agent when acted without actual knowledge of principal’s death, and the agent’s actions will bind the principal’s successors.  The agent will have to execute an affidavit stating that the agent lacked actual knowledge of principal’s death when the act was performed.

Inside Arizona Durable Power of Attorney