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Arizona · A.R.S. §§14-5501, 14-5506Arizona power of attorney at closing: the witness, the notary and good-faith reliance

To designate an agent to make financial decisions, an Arizona adult signs (or has someone sign in their conscious presence and at their direction) a written power of attorney that clearly shows the intent to create one and identifies the agent; it is witnessed by a person other than the agent, the agent's spouse, the agent's children or the notary; and it is executed and attested by the principal's acknowledgment and the witness's affidavit before a notary, with the notary's certificate in substantially the statutory form (A.R.S. §14-5501(D)). A durable power of attorney contains words showing the authority continues if the principal becomes disabled or incapacitated, or takes effect then (§14-5501(A)–(B)). A power of attorney validly executed in another U.S. jurisdiction is valid in Arizona (§14-5501(C)). A person who in good faith assists or deals with an agent is protected as if the agent properly exercised the power, even if the agent's authority has ended; a power executed by an adult without capacity is invalid (§14-5506(B)–(C)).

The rules

  1. 1. Witness (§14-5501(D)(3))

    Not the agent, the agent's spouse or children, or the notary.

  2. 2. Notary (§14-5501(D)(4))

    Principal's acknowledgment and the witness's affidavit, in the statutory certificate form.

  3. 3. Other states (§14-5501(C))

    Valid if validly executed where it was made.

  4. 4. Reliance (§14-5506(C))

    Good-faith dealings with the agent are protected even after authority ends.

What the TC can do

  • Send the power of attorney to the title company as soon as you know a party will sign through an agent.
  • Check the witness isn't the agent, the agent's spouse or children, or the notary.
  • Ask the title company whether it will record the power with the deed.

Questions about Arizona powers of attorney

Does an Arizona power of attorney need a witness?

Yes – a witness who isn't the agent, the agent's spouse or children, or the notary, plus the principal's acknowledgment and the witness's affidavit before a notary (A.R.S. §14-5501(D)).

Is an out-of-state power of attorney valid in Arizona?

Yes, if it was validly executed in the U.S. jurisdiction where it was created (§14-5501(C)).

Related guides

Add a task in ClosingCode for the power of attorney review, with an owner and a due date.

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Source: Arizona Revised Statutes §§14-5501 and 14-5506 (azleg.gov, read October 26, 2026).

General information, not legal advice. The title company decides whether a power of attorney is acceptable. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.