Four Ways to Revoke
Arizona gives principals multiple options for revoking a mental health care power of attorney. The law recognizes that people should be able to change their minds about who makes decisions for them, and it does not make the process unnecessarily complicated.
Unless a principal is incapable as defined in section 36-3281, a principal may revoke all or any part of the principal's mental health care power of attorney by doing any of the following: 1. Making a written revocation of the mental health care power of attorney or a written statement to disqualify an agent. 2. Orally notifying the agent or a mental health care provider. 3. Making a new mental health care power of attorney. 4. Any other act that demonstrates a specific intent to revoke a mental health care power of attorney or disqualify an agent.
A.R.S. § 36-3285(B)You can put it in writing, tell your agent or mental health care provider directly, create a new document that replaces the old one, or take any other action that clearly shows you intend to revoke. The breadth of these options reflects Arizona's commitment to protecting individual autonomy in mental health care decisions.
The One Limitation on Revocation
There is one important restriction. A principal cannot revoke the mental health care power of attorney or disqualify an agent during a period when they have been found incapable under A.R.S. 36-3281. This makes sense from a practical standpoint: the document exists precisely for situations where the principal cannot make their own decisions. Allowing revocation during those periods would undermine the purpose of the document.
However, Arizona still provides a safety valve. Under A.R.S. 36-3284, a patient admitted to a psychiatric facility who requests discharge and wants to revoke the document triggers a process where the facility must either release them or initiate formal court proceedings within 48 hours. The system balances the need for treatment during a crisis with the principal's fundamental right to control their own care.
