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Arizona Divorce and Powers of Attorney: What Changes and What to Do

In Arizona, a finalized divorce or annulment automatically removes your former spouse as agent in your powers of attorney. Alternates move up, and your documents stay valid.

Arizona’s revocation-on-divorce statute treats your ex as if they died right before the decree, so any nomination of your former spouse as agent under a governing instrument, including a financial power of attorney or a health or mental health power of attorney, is revoked the moment the divorce or annulment is final. The rest of the document continues to operate. A.R.S. § 14-2804

What Changes at Divorce or Annulment in Arizona

Once the decree is final, your ex is automatically out as agent, alternates step in, and the power of attorney itself remains in force.

Automatic removal of the ex as agent

  • Any nomination of a former spouse to serve in a fiduciary role, including as “agent” under a power of attorney, is revoked at a final divorce or annulment. A.R.S. § 14-2804
  • The statute applies broadly to “governing instruments,” which captures financial, health care, and mental health POAs, but only the ex-spouse’s role is revoked.
  • Alternates step up because the law treats the ex as though they died immediately before entry of the decree.
Does legal separation count?

No. A decree of legal separation does not trigger the automatic removal. The switch happens only at a final divorce or annulment. A.R.S. § 14-2804

What if I want my ex to keep serving?

You must re-execute the documents after the divorce is final. The old nomination is revoked by law, so you need fresh signatures if you still want that person to act. A.R.S. § 14-2804

Tell Third Parties and Update Records

Banks and providers can rely on your old paperwork until they get written notice, so notify them and replace copies promptly.

Notice mechanics

  • Send written notice of the divorce and any revocation to banks, custodians, hospitals, and anyone holding the old POAs. Keep proof of delivery. A.R.S. § 14-2804
  • For financial POAs, third parties are protected if they act in good faith without actual knowledge of a revocation or termination, which is why notice matters. A.R.S. § 14-5504
Simple notice workflow

Prepare a short cover letter stating your divorce is final and that your former spouse is no longer your agent. Attach the new POA or written revocation. Mail to each institution that has your old documents, and upload the new POA to any patient or banking portals you use.

During the Divorce Case

If you do not want your spouse acting while the case is pending, revoke and replace your powers of attorney now.

Health care directives

  • You may revoke a health care directive by making a new directive, by a written revocation, or by telling your surrogate or a health care provider. Mental health POAs follow similar rules. A.R.S. § 36-3202
Tip: bring your new directive to appointments

Ask your provider to scan your new Health Care POA into the chart. If you use multiple systems, bring a copy to each clinic or hospital you visit.

Financial powers of attorney

  • Revoke in writing, sign a new durable financial POA naming a trusted agent, and deliver copies so banks stop relying on the old document. A.R.S. § 14-5504
Bank playbook

Call ahead to ask what each institution requires. Some banks want their in-house POA forms or a short agent certification. Bring ID, your new POA, and proof of the divorce decree if requested.

Nuances That Matter

A few special rules can change the default outcome, so read your decree and documents closely.

  • Court orders or written agreements: A court order or settlement agreement tied to the divorce can override the automatic revocation rule. A.R.S. § 14-2804
  • Remarrying the same person: If you remarry your former spouse, the revoked nominations are revived unless you change them again. A.R.S. § 14-2804
Example: alternating agents and backups

If your spouse was primary agent and your sister was alternate, your sister becomes primary at the moment the decree is entered. If you later remarry the same spouse, the original primary nomination springs back unless you sign a new POA that says otherwise.

Fast Action List

Handle revocations in writing, sign fresh documents, and get notices out quickly.

  • Sign written revocations for any financial POAs and execute new POAs naming someone you trust. Follow Arizona rules on termination and third-party reliance. A.R.S. § 14-5504
  • Sign a new Health Care POA and Mental Health Care POA, and refresh any HIPAA release. A.R.S. § 36-3202
  • Send written notice of the divorce and your revocations to banks, hospitals, doctors, and anyone holding copies, since third parties can rely on old documents until they get notice. A.R.S. § 14-2804
One-page checklist
  1. Gather old powers of attorney.
  2. Draft written revocations and prepare new POAs.
  3. Sign with the required formalities.
  4. Mail notice letters with copies to banks and providers.
  5. Upload new directives to patient portals.
  6. Confirm alternates and backups know they are now first in line.

Bottom Line

Finalize the divorce, assume your ex is out as agent, and move quickly to revoke, replace, and notify. A few clean steps prevent bad surprises and keep your decision-makers current.

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