A.R.S. § 36-3282

How to Create a Valid Mental Health Care Power of Attorney in Arizona

Verified April 4, 2026 • 57th Legislature, 1st Regular Session

To be legally valid, a mental health care power of attorney in Arizona must be in writing, signed by a principal who is not incapable, and either notarized or witnessed. If the document grants authority for inpatient psychiatric admission, each paragraph granting that authority must be separately initialed.

Title 36, LIVING WILLS AND HEALTH CARE DIRECTIVES

azleg.gov

The Five Requirements for Validity

Arizona sets out clear requirements for a valid mental health care power of attorney. The document must be executed by a principal who is not currently incapable (as defined in A.R.S. 36-3281). It must be in writing, contain language showing the principal intends to create a mental health care power of attorney, be dated and signed by the principal, and be either 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 were present when the principal signed, and that the principal appeared to be of sound mind and free from duress, fraud, or undue influence.

Special Rules for Inpatient Admission Authority

If the mental health care power of attorney grants the agent authority to admit the principal to an inpatient psychiatric facility, Arizona adds an extra layer of protection. Each paragraph that grants this specific authority must be separately initialed by the principal at the time of signing.

The law also restricts who can serve as a witness or notary. Neither can be the person designated to make medical decisions for the principal, nor a professional care provider directly involved with the principal's care. If only one witness is used (instead of a notary), that witness cannot be related to the principal by blood, marriage, or adoption, and cannot be entitled to any part of the principal's estate.

If the principal is physically unable to sign, the notary and each witness must verify on the document that the principal indicated the power of attorney expressed their wishes and that they intended to adopt it. This accommodation ensures that physical limitations do not prevent someone from creating this important document.

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.

View on azleg.gov

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.

Related Statutes

§ 36-3284How a Mental Health Care Power of Attorney Works in Practice

§ 36-3281Mental Health Care Power of Attorney in Arizona: Scope and Definitions

§ 36-3283Powers and Duties of a Mental Health Care Agent in Arizona

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