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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
mental health; power of attorney
Purpose
Requires an inpatient behavioral health facility to presume that a mental health care power of attorney is valid when outlined conditions are met and each staff member of an inpatient behavioral health facility to complete an annual mental health care power of attorney training developed by the Attorney General's (AG's) Office.
Background
An adult, known as the principal, may designate another adult or adults, known as the agent, to make mental health care decisions on the principal's behalf, if the principal is found incapable. 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. If an adult does not have a mental health care power of attorney, an agent with a health care power of attorney may make decisions about mental health treatment on behalf of the principal as outlined. Decisions regarding mental health treatment made under the mental health care or health care power of attorney must 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 (A.R.S. § 36-3281).
To be valid, a mental health care power of attorney must: 1) be executed by a principal who is not incapable; 2) be in writing; 3) contain language that clearly indicates that the principal intends to create a mental health care power of attorney; 4) be dated and signed or marked by the principal, except as outlined for principals who are physically unable to sign or mark the mental health care power of attorney; and 5) be notarized or witnessed in writing by at least one adult who affirms that the notary or witness was present when the principal dated and signed or marked mental health care power of attorney and that the principal appeared to be of sound mind and free from duress, fraud or under influence at the time of signing. A notary or witness may not be a person designated to make medical decisions on the principal's behalf or a professional care provider directly involved with the care of the principal at the time of executing the mental health care power of attorney. If a mental health care power of attorney provides that the agent may admit the principal to an inpatient psychiatric facility licensed by the Department of Health Services, each paragraph granting the authority must be initialed by the principal at the time that the mental health care power of attorney is signed and witnessed (A.R.S. § 36-3282).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires an inpatient behavioral health facility to presume that a mental health care power of attorney is valid if the mental health care power of attorney document used is:
a) notarized or witnessed, and the witness is not the agent for the patient; or
b) the form that is posted on the AG's website and is completed according to the prescribed directions.
2. Requires each staff member of an inpatient behavioral health facility, beginning October 1, 2026, to complete annual training developed by the AG's Office related to requirements for mental health care powers of attorney.
3. Becomes effective on the general effective date.
Prepared by Senate Research
March 3, 2025
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