A.R.S. § 36-3281: Mental Health Power of Attorney
Mental health care power of attorney; scope; definition
What is a mental health care power of attorney in Arizona?
In Arizona, a mental health care power of attorney lets an adult name another adult, plus backups, to make mental health treatment decisions for them if they are found incapable, following the wishes the person has already expressed. If no mental health care power of attorney exists, an agent under a general health care power of attorney can make those decisions instead if the principal is found incapable, except as provided in section 36-3283, subsection F. The agent cannot be someone directly involved in providing the person's health care when the document is signed, and "incapable" means a licensed neurology or psychiatry specialist physician or a licensed psychologist finds the person unable to give informed consent.
Full statute text
Official text last checked against azleg.gov:
36-3281. Mental health care power of attorney; scope; definition
A. An adult, known as the principal, pursuant to section 36-3282 may designate another adult or adults, known as the agent, to act as an agent and to make mental health care decisions on that person's behalf. The principal may also designate an alternate adult or adults to act as agent if the original designated agent or agents are unwilling or unable to act.
B. An agent under section 36-3283 may make decisions about mental health treatment on behalf of the principal if the principal is found incapable. If an adult does not have a mental health care power of attorney pursuant to this section, an agent with a health care power of attorney under section 36-3221 may make decisions about mental health treatment on behalf of the principal if the principal is found incapable, except as provided in section 36-3283, subsection F. These decisions shall be consistent with any wishes the principal has expressed in the mental health care directive, mental health care power of attorney, health care power of attorney or other advance directive.
C. An agent shall not be a person who is directly involved with the provision of health care to the principal at the time the mental health care power of attorney is executed.
D. For the purposes of this section, "incapable" means that in the opinion of a physician who is licensed pursuant to title 32, chapter 13 or 17 and who is a specialist in neurology or psychiatry or a psychologist who is licensed pursuant to title 32, chapter 19.1, a person lacks the ability to give informed consent as defined in section 36-501.
Drafted by AI from the official text and checked sentence by sentence against azleg.gov. ClearStatute is run by David Bartlett, who is not an attorney. Legal information, not legal advice — consult a licensed attorney for your situation.