Virtual first, serving families across Arizona.
Mon to Thu 8 to 4, Fri 8 to 12
Virtual first, serving families across Arizona.
Mon to Thu 8 to 4, Fri 8 to 12
Estate Planning
Arizona-specific authority for mental health treatment decisions, separate from general medical care.
Estate Planning
Arizona-specific authority for mental health treatment decisions, separate from general medical care.
Arizona is one of the states that requires a separate Mental Health Care Power of Attorney to authorize an agent to make decisions about inpatient mental health treatment. A general Health Care Power of Attorney does not, on its own, cover those decisions.
This document allows your agent to admit you to a mental health treatment facility for evaluation or treatment when needed, and to make related care decisions. The authority is carefully bounded by Arizona statute and includes important protections.
We routinely include this document as part of our standard estate planning packages because the cost of having it ready is small, and the cost of not having it during a crisis can be substantial.
If you have specific concerns about mental health planning for yourself or a family member, Nicole takes time to discuss them and structure the documents accordingly.
A mental health power of attorney is a critical document to include in your estate plan if you live in Phoenix. It allows you to ensure that your mental health needs are met in the future. It is needed in addition to the health care power of attorney because in Arizona regular health care powers of attorney do not include the authority to make mental health decisions.
Without a health care power of attorney, your family will be forced to get emergency guardianship through the courts if you need mental health treatment but are unwilling or unable to consent due to your psychiatric condition. The emergency guardianship court process can be stressful and time-consuming. Although it is possible to get before a judge within 24-48 hours, any delay can be extremely detrimental to an individual’s mental health if they need care immediately.
If you or your family has a history of mental illness, a mental health care power of attorney is a document that you want prepared. However, you do not need a history of mental illness to be at risk. For instance, behavioral issues that accompany Alzheimer’s or dementia may require mental health treatment, or you could have an adverse reaction to a medication that unexpectedly affects your mood or behavior. Even if you don’t end up needing the power of attorney, it does not hurt to be prepared.
Mental health powers of attorney only go into effect when you are determined to be incapacitated. When you lack capacity, you are unable to comprehend information, make decisions, or communicate your desires. In Phoenix, this decision can only be made after the evaluation of a specialist in neurology or an Arizona licensed psychiatrist or psychologist.
It is important to speak to an estate planning attorney when creating a mental health power of attorney to ensure that it is comprehensive and fits your unique needs. In addition to naming your agent(s), you should include your wishes about treatment facilitates, medications, drug trial participation, crisis intervention, hospitalizations, and other care. It is useful to engage your current treating provider in this process.
If your requests are not explicitly expressed in the power of attorney, your agent must act in accordance with what the agent believes is in your best interests. However, for the agent to admit you into an inpatient psychiatric facility, you must expressly consent to this in the mental health care power of attorney.
A mental health care power of attorney can be revoked in all or part at any time that you can give informed consent. If you are determined to be incapacitated, you cannot legally revoke the power of attorney. A mental health care power of attorney can also be revoked through a court order.
Arizona has several legal requirements that must be followed for your mental health care power of attorney to be valid. It must be signed when you are of sound mind and can legally consent. The power of attorney will not be valid if it was signed while you were under duress, fraud, or undue influence.
The mental health care power of attorney must also be signed by one witness or notarized. The witness cannot be:
Included in both the Will and Trust Packages, or available a la carte. View full pricing.
Begin your plan
Schedule a virtual consultation or telephone call with Nicole Pavlik. Flat-fee pricing, clear timelines, and a process designed around you.
