How the Admission Process Works
This statute creates a pathway for guardians to seek mental health treatment for a ward without going through the involuntary commitment process under Title 36. It applies only when the court has specifically granted the guardian authority to consent to inpatient mental health care under A.R.S. 14-5312.01.
The guardian cannot simply drop someone off at a facility. Before admission, a licensed physician must independently evaluate the ward through a careful process.
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, make a written determination that the ward needs evaluation or will benefit from inpatient care, and confirm that the treatment cannot be accomplished in a less restrictive setting. These requirements protect the ward from unnecessary institutionalization.
What Happens After Admission
Once admitted, if the ward refuses treatment or requests discharge and the treating physician believes continued inpatient care is necessary, the facility may rely on the guardian's consent for treatment, release, and discharge decisions. This provision acknowledges the reality that some wards may lack the capacity to make these decisions independently.
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 responsibility to provide care with meaningful safeguards to protect the ward's rights.
