How the Admission Process Works
This statute creates a pathway for guardians to seek inpatient mental health treatment for a ward. It avoids the involuntary commitment process under Title 36. It applies only when the court has granted the guardian authority under subsection B of this section in A.R.S. 14-5312.01.
The guardian cannot simply drop someone off at an inpatient treatment facility. Before admission, a licensed physician must independently evaluate the ward. The process is careful and structured.
The facility to which the guardian applies may admit the person if before admission a physician who is licensed pursuant to title 32, chapter 13 or 17 does all of the following: 1. Conducts an investigation that carefully probes the ward's psychiatric and psychological history, diagnosis and treatment needs. 2. Conducts a thorough interview with the ward and the guardian.
A.R.S. § 14-5312.02(B)The physician must also obtain the guardian's informed consent. They must make a written determination that the ward needs evaluation or will benefit from inpatient care. The report meets the requirements only if it confirms that treatment cannot happen in a less restrictive setting. These steps protect the ward from unnecessary placement. The ward's address and telephone number must be documented in the medical chart.
What Happens After Admission
Once admitted, the ward may refuse treatment or request discharge. If the treating physician believes continued care is necessary, the facility may rely on the guardian's consent for treatment, release, and discharge decisions. If the report supports the continuation of care, the facility can maintain the placement. When the ward is no longer in need of inpatient care, the guardian must move them to a less restrictive setting. This includes cases where the person was admitted as mentally ill but has stabilized.
After admission, if the ward refuses treatment or requests discharge and the treating physician believes that further inpatient treatment is necessary or advisable, the facility may rely on the consent of the guardian for treatment, release and discharge decisions pursuant to the guardian's authority under the guardianship.
A.R.S. § 14-5312.02(C)For families navigating mental health challenges with a loved one under guardianship, understanding this process is essential. The statute balances the guardian's duty to provide care with safeguards that protect the ward's rights.