Skip to main content
Skip to explanation
A.R.S. § 36-3285

Revoking a Mental Health Care POA

Verified April 4, 202657th Legislature, 1st Regular Session

A principal can revoke all or part of a mental health care power of attorney at any time. The principal must not have been found incapable. There are four ways to revoke.

Title 36, LIVING WILLS AND HEALTH CARE DIRECTIVES

azleg.gov

Four Ways to Revoke

Arizona gives principals several ways to revoke this document. You can cancel it or remove an agent without a complex process. The law respects your right to change your mind.

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 provider directly, create a new document, or take any action that clearly shows your intent. Written revocation is the strongest choice because it creates a clear record.

The One Limit on Revocation

There is one key restriction. A principal cannot revoke while they have been found incapable under A.R.S. 36-3281. The document exists for times when the principal cannot make their own choices. Allowing revocation then would defeat its purpose.

Arizona still provides a safety net, however. Under A.R.S. 36-3284, a patient who requests discharge in writing triggers a formal process. The facility must release the patient or start court proceedings within 48 hours.

No specific form is needed to revoke. The four methods show Arizona's focus on protecting personal choice. The system balances the need for treatment with the principal's right to control their own care.

A. Except during times when the principal has been found to be incapable as defined in section 36-3281, a principal under a mental health care power of attorney may disqualify an agent or revoke all or any portion of the power of attorney. B. 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.

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.

Get Started Today

Need Help With Your Estate Plan?

Whether you are just getting started or reviewing an existing plan, RJP Estate Planning works hand in hand with experienced estate planning counsel to help you understand your options.

(480) 346-3570