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A.R.S. § 36-3282

Creating a Valid Mental Health Care POA

Verified April 4, 202657th Legislature, 1st Regular Session

A mental health care power of attorney must be in writing, signed by a principal who is not incapable, and either notarized or witnessed. If it allows inpatient admission, each paragraph granting that power must be separately initialed.

Title 36, LIVING WILLS AND HEALTH CARE DIRECTIVES

azleg.gov

The Five Requirements for a Valid Document

Arizona sets out clear rules for this document. The principal must not be incapable at the time of signing. The document must be in writing, dated, and signed.

It must also contain language showing the principal intends to create this type of power of attorney. Finally, it must be notarized or witnessed by at least one adult.

To be valid, a mental health care power of attorney shall: 1. Be executed by a principal who is not incapable, as defined in section 36-3281. 2. Be in writing. 3. Contain language that clearly indicates that the principal intends to create a mental health care power of attorney. 4. Except as provided pursuant to subsection C of this section, be dated and signed or marked by the principal. 5. Be notarized or witnessed in writing by at least one adult.

A.R.S. § 36-3282(A)

The witness or notary must confirm they saw the principal sign. They must also confirm the principal appeared to be of sound mind and free from pressure or fraud.

Special Rules for Inpatient Admission

If the document allows inpatient psychiatric admission, Arizona adds extra protection. The principal must separately initial each paragraph that grants this power.

The law also limits who can serve as a witness or notary. That person cannot be the named agent or a care provider working with the principal. If only one witness is used, that witness cannot be a relative or someone who would inherit from the principal.

Having this document in place can spare families from seeking an emergency guardianship. That court process is slower and more costly.

If the principal cannot physically sign, the notary and each witness must verify that the principal approved the document. This rule makes sure physical limits do not block someone from creating it.

A. To be valid, a mental health care power of attorney shall: 1. Be executed by a principal who is not incapable, as defined in section 36-3281. 2. Be in writing. 3. Contain language that clearly indicates that the principal intends to create a mental health care power of attorney. 4. Except as provided pursuant to subsection C of this section, be dated and signed or marked by the principal. 5. Be notarized or witnessed in writing by at least one adult who affirms that the notary or witness was present when the principal dated and signed or marked the mental health care power of attorney and that the principal appeared to be of sound mind and free from duress, fraud or undue influence at that time. B. If a mental health care power of attorney expressly provides that the agent can admit the principal to an inpatient psychiatric facility licensed by the department of health services, each paragraph that grants this authority must be separately initialed by the principal at the time the mental health care power of attorney is signed and witnessed. C. If the principal is physically unable to sign or mark a mental health care power of attorney, the notary and each witness shall verify on the document that the principal indicated to the notary or witness that the mental health care power of attorney expressed the principal's wishes and that the principal intended to adopt the mental health care power of attorney at that time. D. A notary or witness shall not be any of the following: 1. A person designated to make medical decisions on the principal's behalf. 2. A professional care provider directly involved with the provision of care to the principal at the time the mental health care power of attorney is executed. E. If a mental health care power of attorney is witnessed by only one person, that person shall not be either: 1. Related to the principal by blood, marriage or adoption. 2. Entitled to any part of the principal's estate by will or by operation of law at the time that the power of attorney is executed. F. A mental health care power of attorney may be used as part of or independent of a health care power of attorney as defined in section 36-3201.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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