What is required for a DPOA to be valid in Arizona?

In Arizona, for a durable power of attorney (DPOA) to be valid, it is essential that it clearly states the principal's intent for the authority to be exercised in the event of their incapacity. This requirement ensures that there is no ambiguity about the principal's wishes regarding the management of their affairs should they become unable to handle them themselves. The clarity of the principal's intent is crucial, as it prevents potential disputes among family members or other parties involved regarding the scope and limitations of the authority granted.

While notarization, the presence of witnesses, and filing with a county clerk may be formalities involved in certain legal documents or specific situations, they do not establish the fundamental validity of a DPOA in Arizona. The emphasis on the principal's intent highlights the importance of clear communication in legal documentation, ensuring that the powers granted align with the principal's specific wishes.