Arizona Laws 14-5506. Powers of attorney; intimidation; deception; definitions
A. If the agent acted with intimidation or deception in procuring the power of attorney or any authority provided in the power of attorney, the agent is subject to prosecution under title 13 and civil penalties pursuant to section 46-456.
Terms Used In Arizona Laws 14-5506
- Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
- Agent: includes an attorney-in-fact under a durable or nondurable power of attorney, a person who is authorized to make decisions concerning another person's health care and a person who is authorized to make decisions for another person under a natural death act. See Arizona Laws 14-1201
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means an individual or an organization. See Arizona Laws 14-1201
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Proceeding: includes action at law and suit in equity. See Arizona Laws 14-1201
B. A power of attorney executed by an adult who does not have capacity is invalid. In a criminal proceeding, the agent has the burden of proving by clear and convincing evidence that the principal had capacity. In a civil proceeding, if the party challenging the validity of a power of attorney on the grounds of lack of capacity proves by a preponderance of the evidence that, at the time the power of attorney was executed, the principal was a vulnerable adult, the agent has the burden of proving by clear and convincing evidence that the principal had capacity. In a civil proceeding, if the party challenging the validity of a power of attorney on the basis of lack of capacity does not prove by a preponderance of the evidence that, at the time the power of attorney was executed, the principal was a vulnerable adult, the agent has the burden of proving by a preponderance of the evidence that the principal had capacity.
C. A person who in good faith either assists or deals with an agent is protected as if the agent properly exercised the agent’s power regardless of whether the authority of that person as the agent has been terminated.
D. For the purposes of this section:
1. "Capacity" means that at the time the power of attorney was executed the principal was capable of understanding in a reasonable manner the nature and effect of the act of executing and granting the power of attorney.
2. "Intimidation" includes threatening to deprive a vulnerable adult of food, nutrition, shelter or necessary medication or medical treatment.
3. "Vulnerable adult" has the same meaning prescribed in section 46-451.