A.R.S. § 36-3283

Powers and Duties of a Mental Health Care Agent in Arizona

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

A mental health care agent in Arizona can make treatment decisions while the principal is incapable, including accessing medical records and consenting to disclosure. The agent must follow the principal's expressed wishes and, if those wishes are unknown, act in good faith based on the principal's best interests.

Title 36, LIVING WILLS AND HEALTH CARE DIRECTIVES

azleg.gov

What Decisions the Agent Can Make

Once the principal is found incapable (as defined in A.R.S. 36-3281), the agent steps in with broad authority over mental health care decisions. The agent's power is limited only by the express language of the mental health care power of attorney or by a court order. The appointment remains effective until the principal revokes it or a court intervenes.

An agent may make mental health care decisions for the principal while the principal is incapable, as defined in section 36-3281.

A.R.S. § 36-3283(A)

The agent has the same right as the principal to receive information about proposed treatment, review medical records, and consent to the disclosure of records relating to mental health treatment. This access is essential because effective decision-making depends on having complete information about the principal's condition and treatment options.

The Duty to Follow the Principal's Wishes

An agent is not free to make whatever decisions seem convenient. The statute requires the agent to act consistently with the wishes the principal expressed in the mental health care power of attorney. If the principal's wishes are not stated in the document and are not otherwise known, the agent must act in good faith based on what the agent believes to be in the principal's best interests.

An agent shall act consistently with the wishes of the principal as expressed in the mental health care power of attorney. Except as limited by subsection F of this section, if the principal's wishes are not expressed in the mental health care power of attorney and are not otherwise known by the agent, the agent shall act in accordance with what the agent in good faith believes to be in the principal's best interests.

A.R.S. § 36-3283(E)

The law also provides legal protection for agents who act in good faith. An agent is not subject to criminal or civil liability for decisions made in good faith under this section. That protection is important because mental health treatment decisions can be complex and emotionally charged, and the agent needs to be able to act without fear of legal consequences when following the principal's known wishes or acting in their best interests.

A. An agent may make mental health care decisions for the principal while the principal is incapable, as defined in section 36-3281. B. Except as limited by subsection F of this section, an agent's authority to make mental health care decisions is limited only by the express language of the mental health care power of attorney or by a court order pursuant to section 36-3206. C. The appointment of a person to act as an agent is effective until that authority is revoked by the principal or by a court order. D. An agent has the same right as the principal to receive information and to review the principal's medical records regarding proposed mental health treatment and to receive, review and consent to the disclosure of medical records relating to that treatment. E. An agent shall act consistently with the wishes of the principal as expressed in the mental health care power of attorney. Except as limited by subsection F of this section, if the principal's wishes are not expressed in the mental health care power of attorney and are not otherwise known by the agent, the agent shall act in accordance with what the agent in good faith believes to be in the principal's best interests. F. An agent may consent to admit the principal to an inpatient psychiatric facility licensed by the department of health services if this authority is expressly stated in the mental health care power of attorney or health care power of attorney under section 36-3221. G. An agent is not subject to criminal or civil liability for decisions made in good faith pursuant to subsection E of this section.

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

§ 36-3282How to Create a Valid Mental Health Care Power of Attorney in Arizona

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