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Mental Health Care Power of Attorney

Estate Documents

A legal document naming someone to make mental health treatment decisions on your behalf if you are found incapable.

A mental health care power of attorney is separate from a general healthcare power of attorney. It allows an adult (the principal) to name one or more agents. Those agents make mental health treatment decisions if the principal cannot give informed consent.

How It Differs From a Healthcare Power of Attorney

A general healthcare power of attorney covers a broad range of medical decisions. A mental health care power of attorney focuses only on mental health treatment. If someone has both documents, the mental health version governs mental health decisions. If someone has only a healthcare power of attorney, that agent can still make mental health decisions. Some limits may apply.

Key Protections Under Arizona Law

Arizona law (A.R.S. 36-3281 through 36-3285) includes several safeguards. The document must be witnessed or notarized. The agent cannot be someone directly involved in the principal's care. If the document allows inpatient psychiatric admission, each paragraph granting that authority must be separately initialed. The principal can revoke the document at any time while capable.

Why It Matters

Mental health crises are unpredictable. Having a named agent protects your treatment preferences. Without this document, decisions may fall to a surrogate decision maker chosen by statute. That person is not someone you picked. Planning ahead puts you in control.

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