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.

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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.

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Power of Attorney in Nevada

You may wish to complete and sign a power of attorney if you would like someone else to have the power to act on your behalf. A power of attorney grants authority to one person, called the attorney in fact or agent. This person has the power to act on behalf of another person, called the principal. The Nevada legislature enacted the Power of Attorney Act. This law controls how these powers of attorney must be handled to be valid.

When Does a Power of Attorney Expire?

A power of attorney is a legal paper that allows one person to act on behalf of another person. The recipient of the authority, called an "agent" or "attorney-in-fact," can perform tasks in place of the giver of the authority, called the "principal." The end of the agent's authority depends on the type of power of attorney used and the actions of the principal.

Can a Power of Attorney Be Revoked by a Mentally Incompetent Principal?

Power of attorney is one of several legal mechanisms designed to protect a person's legal interests. A durable power of attorney allows someone designated by the principal, or the person executing the power of attorney, to act as an agent on the principal's behalf. While power of attorney may be revoked, the law does not allow a mentally incompetent principal to do so.

Power of Attorney

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