When the Document Takes Effect
This document takes effect the moment it is signed. It stays active until the principal revokes it or a court ends it. The agent's power to make decisions, however, only kicks in when the principal is found incapable.
A mental health care power of attorney is effective when it is executed and remains in effect until it is revoked by the principal pursuant to section 36-3285 or by court order.
A.R.S. § 36-3284(A)Having this in place before a crisis gives families a clear path forward. Without one, the only option may be involuntary commitment through the courts. That process is slower and more disruptive.
Safeguards for Inpatient Admission
If the document allows inpatient admission, the agent can apply to a licensed psychiatric facility. But the law requires oversight before admission happens.
A licensed physician must review the principal's psychiatric history. The physician must interview both the principal and the agent. The physician must also get informed consent from the agent and write a finding that inpatient care is needed.
Arizona also protects patients who want out. If a patient requests discharge in writing and wants to revoke the document, the facility must act within 48 hours. It must either release the patient or start court-ordered evaluation. Weekends and holidays do not count toward that deadline.
After admission, the facility must review the principal's condition at least every 30 days. The agent may take part in each review and should do so in person when possible.