What This Form Covers
A mental health care power of attorney lets you name someone to make decisions about your mental health treatment if you become incapable of making those decisions yourself. This statute provides a sample form, but the law does not require you to use it. Any document that meets the statutory requirements works.
A person may use any writing that meets the requirements of sections 36-3281 and 36-3282 to create a mental health care power of attorney. The following form is offered as a sample only and does not prevent a person from using other language or another form.
A.R.S. § 36-3286The sample form covers several key areas: naming a primary and backup agent, consenting to or refusing specific mental health treatments, authorizing inpatient hospitalization, and adding personal instructions about your care preferences. It also includes witness affirmations and an optional acceptance section for the agent you name.
Why Putting Mental Health Wishes in Writing Matters
Mental health crises can make it impossible to communicate your preferences clearly. Without a written plan, treatment decisions may fall to providers who do not know your history or values. A mental health care power of attorney gives your chosen agent the authority to act consistently with your wishes, including decisions about medications, outpatient services, and psychiatric hospitalization.
One important feature of this document: it cannot be revoked while you are found incapable of giving informed consent. This protects your earlier, clear-minded instructions from being undone during a crisis. At all other times, you keep full control to revoke or change any part of the document.
Working with experienced estate planning counsel can help ensure your mental health care power of attorney coordinates with your other advance directives and healthcare documents.
