How Surrogate Rules Apply to Mental Health Decisions
This statute is short but important. It confirms that Chapter 32's rules for surrogate decision-makers also apply to mental health care powers of attorney.
In other words, your mental health agent has the same authority, duties, and limits as any other healthcare surrogate.
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. § 36-3287Your mental health agent must follow the same care standards. The agent must act based on your known wishes. If your wishes are not known, the agent must act in your best interest.
The agent can also get details about proposed treatments. This means the agent can review records tied to your mental health care.
Why This Connection Matters
Without this statute, mental health powers of attorney could sit in a legal gray area. The rules about what an agent can and cannot do would be unclear.
By linking mental health agents to the broader surrogate framework, Arizona creates steady protections across all types of directives.
The dispute resolution rules apply here too. If a provider disagrees with your agent's choice, the same steps for resolving the conflict are available. For example, a provider can raise concerns with an ethics committee.
In serious disputes, a court can appoint a temporary guardian to step in. Your agent speaks with the same legal standing as any other surrogate.
A healthcare facility must follow the agent's instructions. This is the same standard it would apply for any patient's approved decision-maker.
The bottom line: your mental health care power of attorney carries the same weight as any other healthcare directive. The same safeguards protect you if something goes wrong.