How Surrogate Rules Apply to Mental Health Decisions
This statute is short but significant. It confirms that everything Chapter 32 says about surrogate decision-makers applies equally to mental health care powers of attorney. Your mental health agent has the same authority, the same duties, and the same limitations as a surrogate making other types of healthcare decisions.
The provisions of this chapter that relate to the powers and duties of surrogates apply to a mental health care power of attorney.
A.R.S. § 36-3287In practical terms, this means your mental health agent must follow the same standards of care. The agent must act consistently with your known wishes, and if your wishes are not known, the agent must act in what they reasonably believe to be your best interest. The agent can receive information about proposed treatments and review medical records related to your mental health care.
Why This Connection Matters
Without this statute, mental health powers of attorney might exist in a legal gray area, with unclear rules about what an agent can and cannot do. By tying mental health surrogacy to the broader healthcare surrogate framework, Arizona ensures consistent protections. Your agent's responsibilities do not change just because the medical issue involves mental health rather than physical health.
This also means the dispute resolution and accountability rules that apply to healthcare surrogates apply here as well. If a provider disagrees with your agent's decision, the same procedures for resolving the conflict are available. The goal is straightforward: your mental health care power of attorney carries the same weight as any other healthcare directive.
