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Current as of March 08, 2022 | Updated by FindLaw Staff
A. An adult, known as the principal, pursuant to § 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 § 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 § 36-3221 may make decisions about mental health treatment on behalf of the principal if the principal is found incapable, except as provided in § 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 § 36-501.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 36. Public Health and Safety § 36-3281. Mental health care power of attorney; scope; definition - last updated March 08, 2022 | https://codes.findlaw.com/az/title-36-public-health-and-safety/az-rev-st-sect-36-3281/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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