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.

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Terms Used In Arizona Laws 36-3281

  • Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
  • 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 directive: means a document drafted in substantial compliance with this chapter, including a mental health care power of attorney, to deal with a person's future health care decisions. 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
  • 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
  • Physician: means a doctor of medicine licensed pursuant to title 32, chapter 13 or doctor of osteopathic medicine licensed pursuant to Title 32, Chapter 17. See Arizona Laws 36-3201
  • 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. 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.