General Power of Attorney

GNPOA1- 5330 - 050919

POWER OF

ATTORNEY

(GENERAL)

FORMS AND INSTRUCTIONS

Law Library Resource Center

POWER OF ATTORNEY FORMS

CHECKLIST

A Power of Attorney is a legal document which you can use to give another adult the authority to act on your behalf.



You may use the Law Library Resource Center Power of Attorney forms if:

 you are 18 years of age or older, and

 you live in Arizona, and

 you are of sound mind.



These forms may not meet the legal requirements for states other than Arizona. If you need a Power of

Attorney to be valid in another state, you should check with an attorney that practices in that state to ensure

the Power of Attorney will be valid.



Which Power of Attorney form you should use depends on what you want the other person to be able to do on

your behalf. Please see below for more information on the different types of Powers of Attorney:



If you want the other person to be able to act on your behalf in a wide variety of situations, you may want a

GENERAL POWER OF ATTORNEY:

 USE the General Power of Attorney form to give another adult complete authority to act on your behalf in

most situations, including personal finances, real and personal property, and a large range of business

transactions.

 DO NOT USE the General Power of Attorney form to give another adult authority to make decisions

regarding your health. Refer to the Health Care Directives available through that Arizona Attorney

General’s Office through their Webpage Life Care.



If you want the other person to be able to act on your behalf in specific situations only, you may want a SPECIAL

POWER OF ATTORNEY:

 USE the Special Power of Attorney form to give another adult authority to act on your behalf in specific

situations only; such as a one-time business transaction or a specific sale of real or personal property.



If you want to give the other person temporary authority over your child(ren), you may want a PARENTAL

POWER OF ATTORNEY. The Parental Power of Attorney begins on a specific date and ends not more

than six months later. The only exception to the six month period is for active military personnel, who are

given one year delegation of parental authority.

 USE the Parental Power of Attorney form to give another adult temporary authority over your child or

children in a specific situation and the person to whom you want to give the authority is willing to

accept temporary authority over your child.

 DO NOT USE the Parental Power of Attorney form to give another adult guardianship or custody of your

child. Please review the guardianship and/or custody paperwork in the Law Library Resource Center.



If you want to give the other person authority over your health care decisions, you may want a HEALTH CARE

POWER OF ATTORNEY. Please see the Arizona Secretary of State’s website or the Maricopa County Superior

Court Law Library for more information on Health Care Powers of Attorney. The Law Library Resource Center

does not offer these forms.



If you want to revoke or cancel a power or authority previously granted, you may want a REVOCATION OF

POWER OF ATTORNEY

 USE the Revocation form to cancel or revoke any existing Power of Attorney.

Law Library Resource Center

General Power of Attorney

This packet contains court forms and instructions to file a general power of attorney. Items in

BOLD are forms that you will need to file with the Court. Non-bold items are instructions or

procedures. Do not copy or file those pages!

Order

File Number

Title

# pages

GNPOA1k

Checklist: You may use these forms if . . .

GNPOA1t

Table of Contents (this page)

GNPOA10i

Instructions to get a General Power of Attorney

GNPOA10f

General Power of Attorney

GNPOAFAQ

Frequently Asked Questions

The documents you have received are copyrighted by the Superior Court of Arizona in Maricopa

County. You have permission to use them for any lawful purpose. These forms shall not be used

to engage in the unauthorized practice of law. The Court assumes no responsibility and accepts no

liability for actions taken by users of these documents, including reliance on their contents. The

documents are under continual revision and are current only for the day they were received. It is

strongly recommended that you verify on a regular basis that you have the most current documents.

INSTRUCTIONS FOR

GENERAL POWER OF ATTORNEY

A person (Principal) signs a Power of Attorney in front of a notary to give a trusted and willing person (Attorney-in-Fact or

Agent) authority to act in place of the Principal. A Regular Power of Attorney has a beginning (effective) date, and ends

either on the end date, when the Principal revokes it, or the Principal becomes mentally unable to handle their own affairs

due to sickness or injury. A Durable Power of Attorney has no specified end date and ends on the death of the Principal, or

upon revocation by the Principal. Also, with a Durable Power of Attorney, if the Principal becomes disabled or incapacitated,

the Attorney-in-Fact may continue acting as such despite the disability, incapacity or the expiration date.

A Power of Attorney must be notarized.

This packet provides a General Power of Attorney form that asks you to choose either a regular or durable Power

of Attorney.

STEP 1: OBTAIN the General Power of Attorney packet at the Maricopa County Superior Court “forms” website or

at one of the Law Library Resource Centers located in the valley.

Downtown Phoenix Northeast Court Facility

101 W. Jefferson St. 18380 North 40

Street

Phoenix, Arizona 85003 Phoenix, Arizona 85032

Northwest Court Facility Southeast Court Facility

14264 West Tierra Buena Lane 222 East Javelina Avenue

Surprise, Arizona 85374 Mesa, Arizona 85210-6201

• Read General Power of Attorney FAQs and Instructions

• Choose one General Power of Attorney that best fits your situation (Regular or Durable)

• Complete the General Power of Attorney Form that best fits your situation

STEP 2: TAKE the following to a Notary Public. You may find a Notary at most banks or listed in the telephone book

yellow pages. Notaries usually charge a fee. [The Clerk of Court will not notarize your documents and there

is no need to file these documents with the Court.]

• The Witness

• The original, completed General Power of Attorney Form

• Photo ID for the witness, and you

STEP 3: SIGN the original General Power of Attorney in front of the Notary and

• Tell the Witness to sign the form in front of the Notary

• Wait for the Notary to notarize the Power of Attorney

STEP 4: MAKE COPIES of the notarized General Power of Attorney for each person or organization you deal with

• Keep the original notarized General Power of Attorney for your records

• Give one copy of the General Power of Attorney to the Attorney-in-Fact

• Show the people and organizations the original Power of Attorney and give them a copy

GENERAL POWER OF ATTORNEY

1. CHECK MARK ONE (1) TYPE OF POWER OF ATTORNEY:

General Regular Power of Attorney (has a beginning and end date), OR

General Durable Power of Attorney (ends upon Principal’s death or revocation)

2. IDENTIFY the Principal and Attorney-in-Fact:

Name Address of Residence City State Zip Code Date of Birth

________________________________ ______________________________ __________________ ______ ____________

Principal:

________________________________ ______________________________ __________________ ______ ____________

Agent / Attorney-In-Fact:

3. MARK the Sections that apply to you.

Principal, an individual, hereby appoints the above-named Agent/Attorney-in-Fact to act in name and place of

Principal to perform the following general matters

Scope and extent of powers granted by the General Power of Attorney: to exercise any or all of the following powers

concerning:

a. Personal Finances: to withdraw and deposit funds from bank accounts belonging to Principal and to

enter and remove the contents of all safe deposit boxes rented by the principal; to ask, demand, sue for,

recover, collect, and receive each and every sum of money, debt, account, legacy, bequest, interest,

dividend, annuity and demand which now is or hereafter shall become due, owing or payable, belonging to or

claimed by Principal and to use and take any lawful means for the recovery thereof by legal process or

otherwise, and to execute and deliver a satisfaction or release therefor, together with the right and power to

compromise or compound any claim or demand; to borrow money and to execute and deliver notes with or

without security; and to loan money and receive notes with such security as Attorney-in-Fact shall deem

proper;

b. Real property, or any interest therein or any improvements thereon: to contract for, purchase, receive and

take possession thereof and of evidence and title thereto; to lease the same for any term or purpose,

including leases for business residence; to sell, exchange, subdivide, grant or convey the same with or

without warranty, covenant or restrictions; to mortgage, transfer in trust, or otherwise encumber the same to

secure payment of a note or performance of any obligation or agreement;

c. Personal property: to contract for, buy, sell, exchange, transfer, endorse and in any legal manner deal in

and with the same; and to mortgage, transfer in trust, or otherwise encumber the same to secure payment of

a note of performance of any obligation or agreement;

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d. Business Transactions of any kind, and as the act and deed of Principal to sign, execute, acknowledge

and deliver any deed, lease, assignment of lease, covenant, indemnity, agreement, mortgage, deed of trust,

assignment of mortgage, or beneficial interest under deed of trust, subdivision or plat, extension or renewal of

any obligation, subordination or waiver of priority, bill of lading, bill of sale, bond, note, receipt, check,

evidence of debt, full or partial release of mortgage judgment or other debt, and such other instruments in

writing of any kind or class as may be necessary or proper in the premises;

e. To do and perform every and all acts required, necessary or appropriate to be done in and about the

premises as fully to all intents and purposes as Principal might or could do if personally present, hereby

ratifying all that Attorney-in-Fact shall lawfully do or cause to be done by virtue of this General Power of

Attorney.

4. CHECK the ONE type of Power of Attorney that applies to you. Complete the information asked

or in the Section.

General Regular Power of Attorney - Has beginning and ending dates.

• Effective Date: the time from which this document is operational: _____________________, 20______.

This General Power of Attorney begins on the above effective date and continues until the expiration date of

____________________ 20 ________, unless the Principal revokes this Power of Attorney before expiration using

a written document of Revocation.

• Manner of Revocation: The Principal may revoke this document in writing at any time before the expiration date

for no reason or for cause. Also, if the Attorney-in-Fact exceeds or violates the scope and authority granted by

this document, the Principal may revoke in writing the Power of Attorney at any time before the expiration date.

General Durable Power of Attorney – Has a beginning effective date and lasts until the death of the

rincipal or until revocation.

• Effective Date: the time from which this document is operational: ____________________, 20______.

• Manner of Revocation: The Principal may revoke this document in writing at any time before the expiration date

for no reason or for cause, or if the Attorney-in-Fact exceeds or violates the scope and authority granted by this

document. If the Principal becomes disabled or incapacitated, the Attorney-in-Fact may continue acting as suc

despite the disability, incapacity or the expiration date.

5. COMPENSATION of Attorney-in-Fact: None.

This portion of page left blank intentionally

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6. SIGNATURES.

For Principal:

I, _____________________________, the principal, sign my name to this power of attorney this ____ day

of ___________________ and, being first duly sworn, do declare t

o 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 as

required by A.R.S. § 14-5501, I am eighteen years of age or older, of sound mind, and under no constraint or undue

influence.

____________________________________

rincipal

For Witness:

I, _____________________________, the witness, sign my name to the foregoing power of attorney being first

duly sworn, and do declare to the undersigned authority 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 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

7. NOTARIZATION.

STATE OF

COUNTY OF

ubscribed, sworn to or affirmed, and acknowledged before me by ____________________, the principal, and

subscribed and sworn to or affirmed before me by ______________________________, witness, this ______ day

of ____________.

(notary seal) Notary Public

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Frequently Asked Questions

Power of Attorney and Related Forms

1. What is a Power of Attorney?

A Power of Attorney is a legal document that gives an adult the authority to act in your place. The

person you appoint to act in your place is known as the "Attorney in Fact" or agent. It is very

important that your agent is someone you trust.

With a valid Power of Attorney, the trusted person you name will be legally permitted to take care

of important matters granted by the Principal – for example paying your bills or managing your

investments.

2. Who can use a Power of Attorney?

A person who is 18 years of age or older in Arizona and is of sound mind can use the Power of

Attorney as either a Principal, witness or Attorney in Fact.

3. What types of Power of Attorney forms are available in the Law Library Resource Center?

▪ General Power of Attorney – This power of attorney delegates unlimited authority to another

person for them to act on your behalf.

▪ Special Power of Attorney – This power of attorney delegates limited authority to another person

for them to act on your behalf.

▪ Parental Power of Attorney – This power of attorney temporarily delegates parental powers for

six months unless you are active in the military.

▪ Durable Power of Attorney -The general and special powers of attorney can all be made

“durable” by adding certain text to the document. This means that the document will remain in

effect or take effect if you become disabled or incapacitated.

There are other types of Powers of Attorney. Further information is available at the Law Library

Resource Center.

4. Who is “the Principal” on the Power of Attorney form?

The Principal is the person who gives the permission and authority to carry out his or her business.

5. What is an “Attorney in Fact”?

An Attorney in Fact is a person or agent chosen by the principal, who accepts the responsibility to

act in place of the principal. He or she is an adult that the principal can trust, to do what the principal

directs in writing. An Attorney in Fact has nothing to do with a lawyer or an “attorney at law.”

6. What is the difference between a Power of Attorney and a Durable Power of Attorney?

A power of attorney is a means by which by one person, called a principal, authorizes another

person, called an attorney-in-fact or agent, to legally undertake some action or business of the

principal on the principal's behalf. A durable power of attorney is a special form of authorization

that allows the attorney-in-fact to continue acting on the principal's behalf even if the principal is ill

or unable to communicate.

7. When does the Durable Power of Attorney become effective?

The Durable Power of Attorney available from the Law Library Resource Center website becomes

effective when the Principal and Witness sign the Power of Attorney in front of a notary.

8. How is the Durable Special Power of Attorney different from a Power of Attorney that delegates

parental powers?

A Durable Special Power of Attorney differs from a Parental Power of Attorney because it can be

used for specific tasks other than delegation of parental powers. The Power of Attorney to delegate

parental powers is specific only to the parent-child relationship.

9. Do I need to know the witness?

No. However, you cannot expect that an informed adult will be available to act as a witness at the

notary office. In order to be prepared, it is best to take a person willing to be a witness with you to

the notary office. Also, it may be helpful to have a person (the witness) know that you executed a

Power of Attorney.

Also, it is not a requirement that the notary public provide customers with a translator. It may be in

the best interest of the Principal to have a trusted witness to translate. A witness/translator may

need to be present to verbally translate oaths before having their signature notarized.

10. May a non-Arizonan use these forms?

These Power of Attorney forms are based on Arizona law. Arizona law has requirements for the

Principal, witness, Attorney in Fact, Notary, as well as the Power of Attorney form. These

requirements may differ from those in other states. The people who sign and use the Arizona

Power of Attorney form must follow these instructions and abide by Arizona Power of Attorney

laws.

11. May I edit or remove language from the Power of Attorney form?

Yes, but in specific places only. The places for editing the form are indicated by a box to check or

a line to mark, where you are given choices of the tasks you want the Attorney in Fact to perform.

You may cross out any task you do not want your Attorney in Fact to do, or you may check mark

the section you want the Attorney in Fact to perform. Both the principal and agent should initial

any changes in these specified places.

12. May I use these Power of Attorney forms for health care or end-of-life planning?

No. For a packet of forms for end-of-life and health planning go to the Arizona Attorney

General’s

office or website.

13. Can a Power of Attorney be used to distribute assets upon death of the Principal?

No. The Power of Attorney ends upon death the Principal (or on the end date, or date of

revocation). Generally, the probate process is used to distribute assets if the Principal has died.

14. How can I cancel or revoke a Power of Attorney?

Revocation means to recall or cancel a power or authority previously granted. You can revoke a

Power of Attorney at any time and for whatever reason you wish. You must do it in writing and give

a copy of the revocation form to any interested third party such as a bank or financial institution

whom you or your Agent have business. If your power of attorney was recorded for real estate

purposes, the revocation must be recorded as well.

If you have a Durable Power of Attorney, you must be competent to make the decision to revoke

or revise the Power of Attorney. If the Principal is not competent, a Durable Power of Attorney

continues until the Principal dies.

15. When does a Power of Attorney end?

Generally, a Power of Attorney ends upon revocation, at the designated end date, or upon the

death of the Principal.

16. Do I need to record this Power of Attorney?

It depends on what the Power of Attorney form directs the Attorney in Fact to do on your behalf.

For example, you must record the Power of Attorney if the document directs the Attorney in Fact

to transfer real property. (See A.R.S. §§ 33-411 through 33-423 – Conveyances and Deeds –

Recording)

Generally, other types of Power of Attorney forms do not need to be recorded. Recordation is the

act of entering a document with the county’s recorder’s office. The act of recording a Power of

Attorney makes it a public record and enables those who rely on its existence (banks, contractors,

attorneys) to easily verify your document. Also, if your Power of Attorney is lost or destroyed, the

recorded document enables the Attorney in Fact to prove that s/he was actually appointed and

has the authority to act as your agent.

17. What do I do with the Power of Attorney after I complete it?

The Power of Attorney does not need to be filed with the Court. Each person who is made your

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. Many people will want to see the original Power of Attorney

before permitting your Attorney-in-Fact to act on your behalf. At times, a copy of the Power of

Attorney may be requested in connection with a particular transaction, but the Agent should never

release the original. Please see #16 for information on recording the Power of Attorney.