An Arizona mental health power of attorney is a legal document that allows a designated agent to make mental health treatment decisions on behalf of an individual if they are unable to do so for themselves. This type of power of attorney is often used when a person may be facing a mental health crisis or cannot make informed decisions about their mental health treatment due to illness, injury, or other circumstances. 

An Arizona mental health care power of attorney may be used as part of or independent of a health care power of attorney. The mental health power of attorney document typically includes specific instructions about the types of mental health treatment the designated agent is authorized to make decisions about and any limitations on their authority. The agent is usually a trusted family member or friend who is appointed by the individual, also known as the principal.

If there is no mental health care power of attorney, an agent under traditional health care power of attorney may make decisions about mental health treatment on behalf of the principal if the principal is found incapable. Except, the agent under traditional health care power of attorney may not admit the principal to an inpatient psychiatric facility or consent to treatment in an inpatient psychiatric facility. In this instance, an emergency Title 14 Guardianship with an inpatient mental health authority or Title 36 Court-Ordered Treatment legal proceeding may be required to consent to inpatient psychiatric treatment.   

By contrast, if there is mental health care power of attorney that specifically authorizes the agent to admit the principal to an inpatient psychiatric facility and the agent has reasonable cause to believe that the principal needs an evaluation or treatment, the agent may apply for admission of the principal for evaluation or treatment at an inpatient psychiatric facility. Additionally, if the patient refuses treatment or requests discharge and the treating physician believes that further inpatient treatment is necessary or advisable, the facility may rely on the consent of the agent for treatment, release, and discharge decisions under the agent’s authority under the mental health power of attorney. As such, Title 14 Guardianship and/or Title 36 Court-Ordered treatment legal proceedings may be avoided with the use of an Arizona mental health power of attorney.  

This can be a very valuable legal document used to obtain mental health treatment for someone experiencing a mental health crisis, and the best tool to avoid court proceedings in the event inpatient mental health treatment is necessary. It is best practice for every adult, not just those with a mental illness diagnosis, to have a mental health power of attorney included in their estate plan. It’s important to note that the mental health power of attorney is only one of several medical directives that should be included in an Arizona estate plan.

If you have any questions or concerns about creating an Arizona mental health power of attorney or other estate planning documents, call our office today at 480-922-1010 or email info@bivenslaw.com to schedule a complimentary consultation. 

 — Stephanie A. Bivens, Esq., CELA