Power of Attorney (POA)
A Power of Attorney, otherwise known as a POA, is a legal document that allows another adult of sound mind (18 or older) to act on behalf of another person as their “agent.” This power allows the agent to legally handle important matters on behalf of the person they are acting for, including paying bills and managing funds.
A Power of Attorney comes in differing types to be most appropriate for the specific circumstances for which they are being used, with some powers broader than others.
General Power of Attorney
A General Power of Attorney provides the agent to act with unlimited authority. This power often involves finances and property but does not give the POA agent the authority to make healthcare decisions.
Information to complete a General Power of Attorney can be found here.
Special Power of Attorney
An agent with a Special Power of Attorney is given limited authority to act on behalf of another person. This may be used to allow the agent to act on behalf of another person if that person is unable to handle a specific issue at a specific time. The agent’s power will cease once the action for which the POA has been enacted has been handled.
Information to complete a Special Power of Attorney for Maricopa County can be found here.
Parental Power of Attorney
The Parental Power of Attorney delegates parental authority for six months, or up to one year for those in the military. This allows a parent to hand over their parental powers to another individual for a specific situation.
Information to complete a Parental Power of Attorney can be found here.
Durable Power of Attorney
Both a General Power of Attorney and a Special Power of Attorney can be made “durable” if specific language is added to the POA document, allowing the agent to continue to act on behalf of another person even after that person becomes disabled or incapacitated.
Life Care Planning
A Power of Attorney may be needed in life care situations:
- Healthcare Power of Attorney
- Mental Health Care Power of Attorney
These allow the agent to make medical decisions on behalf of another person.
Instructions to complete a Healthcare Power of Attorney can be found here.
Instructions to complete a Mental Health Care Power of Attorney can be found here.
Revoking a Power of Attorney
It is possible to revoke an agent’s Power of Attorney as long as the person revoking the POA is of competent mind.
To revoke a Power of Attorney in Maricopa County, find the instructions here.
Each superior court within Arizona may have their own forms to fill out for powers of attorney, many of which can be found online. The Clerk of Court for each superior court will be able to direct interested parties to the correct forms to complete for the appropriate situation.
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