When Does a Durable Power of Attorney Cease in Arizona?

By Mike Broemmel

A durable power of attorney in Arizona is defined as a power of attorney that remains in effect after the person who signed it is unable to make decisions for herself. The person who creates a power of attorney is called the principal. The person named in the power of attorney to act for the principal is the agent or attorney-in-fact. A non-durable power of attorney, or traditional power of attorney, ceases to be in force if the principal becomes incapacitated.

Revocation of Power of Attorney

Under Arizona law, a durable power of attorney ceases anytime a competent principal elects to terminate it. A principal can terminate a durable power of attorney by notifying the agent, in writing, of the revocation. Revocation forms may be available from your county's Superior Court of Arizona website, local courthouse or an online legal document provider. You must also file a copy of the revocation in the County Recorder's office if the original power of attorney was recorded there or involved real estate. Copies must also be provided to any third parties who received the original power of attorney, in order to put them on notice of the revocation.

Court Order Terminating Power of Attorney

A court in Arizona possesses the power to terminate a durable power of attorney. Typically, such an action occurs when the principal is no longer competent and a third party complains that the agent named in the power of attorney either isn't doing his job or is abusing his position. The decision to terminate a durable power of attorney in such a situation rests entirely at the discretion of the judge.

Ready to appoint a power of attorney? Get Started Now

Specific Term in Power of Attorney

A durable power of attorney can contain specific language as to when it will cease to be in force. For example, a durable power of attorney in Arizona may include a clause that sets forth a specific date in the future when it will cease. Another option is the inclusion of a term that calls for an end to the durable power attorney upon the occurrence of a particular event, such as the marriage of the principal.

Opening of an Estate

A durable power of attorney automatically terminates when the principal dies. Upon the principal's death, the affairs of his estate are typically handled by an executor or administrator, also known as a personal representative, appointed by the court. The appointment of the executor or administrator eliminates the need for the agent named in the durable power of attorney.

Ready to appoint a power of attorney? Get Started Now
Power of Attorney in Nevada



Related articles

Power of Attorney Guidelines for State of Oregon

A power of attorney is a legal document that allows you to appoint someone to act on your behalf if you become incompetent of incapacitated. The Oregon Revised Statutes set forth the requirements for a valid power of attorney, who may serve as your agent and how the power of attorney may be used.

How to Stop a Power of Attorney

You can stop a power of attorney you granted to another person by completing a revocation form, and you must do so as soon as possible to prevent the person from acting on your behalf. A power of attorney allows one person, the agent, to act in place of another person, the principal, in various matters, including bank and real estate transactions.

Can You Sell a Home With a Power of Attorney?

Depending on state laws, powers of attorney can give an agent broad powers over someone’s finances and property. With a power of attorney, the person who gives the power – called a principal – can customize the power he gives his agent. Both limited and general powers of attorney give an agent authority to sell the principal’s home.

Related articles

Power of Attorney in AZ

Occasionally, an individual might want to authorize another person to act on his behalf, sometimes out of convenience, ...

Durable Power of Attorney for Kentucky

A durable power of attorney is a power of attorney that becomes or remains valid when the principal goes unconscious, ...

Iowa Power of Attorney Rules

Many people may need to use a power of attorney at some time during their lives, either for a limited time or for an ...

Durable Power of Attorney in Arkansas

A power of attorney is a document that gives someone else the ability to act on your behalf. The person granting the ...

Browse by category
Ready to Begin? GET STARTED