Arizona Laws 36-3283. Powers and duties of an agent
A. An agent may make mental health care decisions for the principal while the principal is incapable, as defined in section 36-3281.
Terms Used In Arizona Laws 36-3283
- Agent: means an adult who has the authority to make health care treatment decisions for another person, referred to as the principal, pursuant to a health care power of attorney. See Arizona Laws 36-3201
- Health care power of attorney: means a written designation of an agent to make health care decisions that meets the requirements of section 36-3221 and that comes into effect and is durable as provided in section 36-3223, subsection A. See Arizona Laws 36-3201
- Inpatient psychiatric facility: means a hospital that contains an organized psychiatric services unit or a special hospital that is licensed to provide psychiatric services. See Arizona Laws 36-3201
- Mental health care power of attorney: means a written designation of an agency to make mental health care decisions that meets the requirements of section 36-3281. See Arizona Laws 36-3201
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Principal: means a person who is the subject of a health care power of attorney. See Arizona Laws 36-3201
B. Except as limited by subsection F of this section, an agent’s authority to make mental health care decisions is limited only by the express language of the mental health care power of attorney or by a court order pursuant to section 36-3206.
C. The appointment of a person to act as an agent is effective until that authority is revoked by the principal or by a court order.
D. An agent has the same right as the principal to receive information and to review the principal’s medical records regarding proposed mental health treatment and to receive, review and consent to the disclosure of medical records relating to that treatment.
E. An agent shall act consistently with the wishes of the principal as expressed in the mental health care power of attorney. Except as limited by subsection F of this section, if the principal’s wishes are not expressed in the mental health care power of attorney and are not otherwise known by the agent, the agent shall act in accordance with what the agent in good faith believes to be in the principal’s best interests.
F. An agent may consent to admit the principal to an inpatient psychiatric facility licensed by the department of health services if this authority is expressly stated in the mental health care power of attorney or health care power of attorney under section 36-3221.
G. An agent is not subject to criminal or civil liability for decisions made in good faith pursuant to subsection E of this section.