What Decisions the Agent Can Make
Once the principal is found incapable under A.R.S. 36-3281, the agent steps in with broad mental health powers over treatment decisions. The agent's authority 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. The agent can review medical records and consent to the disclosure of records about mental health treatment. This access matters because effective decision-making depends on complete information about the principal's condition.
If the mental health care power of attorney specifically allows it, the agent can consent to admit the principal to an inpatient psychiatric facility. Without that specific language, the agent to an inpatient psychiatric facility admission requires a separate court process.
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 document. If the principal's wishes are not stated and are not otherwise known, the agent must act in good faith based on what they believe is 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 protects agents who act in good faith. An agent is not subject to criminal or civil liability for decisions made in good faith. This protection is important because mental healthcare powers involve complex and emotionally charged situations. People with mental illness often have strong preferences about their care. The agent needs to honor those preferences without fear of legal consequences.