Can I sign an Arizona Power of Attorney in California?
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Yes, you may sign an Arizona Power of Attorney while physically present in California, and it can remain valid and enforceable in Arizona so long as it is executed in accordance with Arizona law. A Power of Attorney (POA) is governed by the law of the state in which it is intended to be used or under which it is created, not necessarily the state where it is signed. Arizona Revised Statutes § 14-5501 et seq. governs durable powers of attorney in Arizona, and it does not require the principal to be physically located within Arizona at the time of execution.
What is required is that the document itself conforms to Arizona’s statutory formalities: it must be in writing, signed by the principal or by another person in the principal’s conscious presence and at their direction, and it must be notarized. If it is a healthcare power of attorney, additional witnesses may be required under Arizona law. As long as these conditions are met, the fact that you are physically located in California at the time of signing does not invalidate the instrument.
It is important, however, to ensure that the notary public used in California is properly licensed in that state and can affix a valid California notarial seal. California notaries are permitted to notarize documents originating from other states, including Arizona, provided they do not give legal advice or attempt to modify the content of the document. The Arizona POA should clearly state that it is governed by Arizona law, and the agent’s authority should be articulated in terms that are valid under Arizona statutes. Once notarized, the document may be used in Arizona for property, financial, medical, or legal matters as authorized by the principal.
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Can I sign an Arizona Power of Attorney in California? I am undergoing medical treatment in California, but live in Arizona.
I understand the importance of ensuring your legal affairs are in order during this challenging time. Are you looking to sign an Arizona Power of Attorney specifically for matters in Arizona or California?
Both I guess.
Are you seeking advice on how to properly execute a Power of Attorney document while in California for medical treatment?
Yes.
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your Power of Attorney.
I own property in Missouri.
Hi there, thanks for choosing AskaLawyer! I’m Justin, a lawyer here to help with your legal questions.
Yes, you may sign an Arizona Power of Attorney while physically present in California, and it can remain valid and enforceable in Arizona so long as it is executed in accordance with Arizona law. A Power of Attorney (POA) is governed by the law of the state in which it is intended to be used or under which it is created, not necessarily the state where it is signed. Arizona Revised Statutes § 14-5501 et seq. governs durable powers of attorney in Arizona, and it does not require the principal to be physically located within Arizona at the time of execution.
What is required is that the document itself conforms to Arizona’s statutory formalities: it must be in writing, signed by the principal or by another person in the principal’s conscious presence and at their direction, and it must be notarized. If it is a healthcare power of attorney, additional witnesses may be required under Arizona law. As long as these conditions are met, the fact that you are physically located in California at the time of signing does not invalidate the instrument.
It is important, however, to ensure that the notary public used in California is properly licensed in that state and can affix a valid California notarial seal. California notaries are permitted to notarize documents originating from other states, including Arizona, provided they do not give legal advice or attempt to modify the content of the document. The Arizona POA should clearly state that it is governed by Arizona law, and the agent’s authority should be articulated in terms that are valid under Arizona statutes. Once notarized, the document may be used in Arizona for property, financial, medical, or legal matters as authorized by the principal.
If your POA needs to be used in Missouri, such as for managing your property located there, Missouri generally recognizes out-of-state powers of attorney so long as they were validly executed in accordance with the law of the originating state. This is consistent with general principles of comity and uniformity in POA recognition across states.
If you also wish to have a valid Power of Attorney operative in California—for example, if decisions need to be made during your medical treatment or in relation to temporary residence matters—you may consider executing a California-specific POA in addition to your Arizona one. California has its own legal requirements under the Probate Code § 4000 et seq. for durable powers of attorney and under Health & Safety Code § 4600 et seq. for healthcare powers.
While many financial institutions or medical providers in California may honor a properly notarized out-of-state POA, some may be hesitant or may prefer a California-compliant document. Having dual-state POAs can help prevent confusion or refusal to honor the authority of your agent during a time-sensitive matter.
Lastly, because you own property in Missouri, it is advisable to ensure your POA language includes specific authority over real estate transactions, and you may consider filing a copy of the POA with the appropriate county recorder’s office in Missouri if it is to be used for property sales or management there.
Thank you! That was very helpful advice.
Is there anything else I can assist you with?
No thank you.
You are most welcome. Have a good evening and best of luck!
