Powers of attorney and health care directives in Arizona
Key takeaway
Arizona requires a durable power of attorney to contain words showing the principal's intent that the authority be exercisable after incapacity. Execution requires a witness other than the agent, the agent's spouse or children, or the notary. A guardian may be appointed only on clear and convincing proof of incapacity and need.
Durable powers of attorney
Arizona recognizes a power of attorney validly executed in another U.S. jurisdiction under that jurisdiction's law.
Execution also requires acknowledgment by the principal and a witness affidavit before a notary.
Health care powers of attorney
A health care power of attorney must be notarized or witnessed in writing by at least one adult who affirms being present at the dated signing or marking and that the person appeared of sound mind and free from duress.
If it is witnessed by only one person, that person may not be related to the principal by blood, marriage or adoption, or be entitled to any part of the principal's estate.
Guardianship
A guardian appointment also requires a finding that the person's needs cannot be met by less restrictive means, including technological assistance.
Courts may appoint a limited guardian and specify time limits on the guardianship and limits on the guardian's powers.
If a general guardianship is requested, the petition must state that other alternatives have been explored and why a limited guardianship is not appropriate.
The petition must state whether the alleged incapacitated person is the principal under a durable power of attorney nominating a guardian. If so, a copy of that power of attorney must be attached.
The report must include a full assessment listing any functional impairments and an explanation of how and to what extent they may prevent the person from receiving or evaluating information in making decisions.
Hearings and conservatorship
The alleged incapacitated person is entitled to be present at the hearing, to see or hear all proof on their condition, to be represented, to present proof and to cross-examine witnesses.
A court may appoint a conservator only if it specifically finds, on the record and by clear and convincing proof, that the person is unable to manage their estate and affairs effectively for reasons such as mental illness or mental deficiency.
The court may not appoint a conservator or enter a protective order of that kind unless the person allegedly in need of protection has appeared before the court in person or by virtual means.