Arizona Laws 36-3282. Execution requirements
A. To be valid, a mental health care power of attorney shall:
Terms Used In Arizona Laws 36-3282
- 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
- Fraud: Intentional deception resulting in injury to another.
- 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
- Writing: includes printing. See Arizona Laws 1-215
1. Be executed by a principal who is not incapable, as defined in section 36-3281.
2. Be in writing.
3. Contain language that clearly indicates that the principal intends to create a mental health care power of attorney.
4. Except as provided pursuant to subsection C of this section, be dated and signed or marked by the principal.
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 the mental health care power of attorney and that the principal appeared to be of sound mind and free from duress, fraud or undue influence at that time.
B. If a mental health care power of attorney expressly provides that the agent can admit the principal to an inpatient psychiatric facility licensed by the department of health services, each paragraph that grants this authority must be separately initialed by the principal at the time the mental health care power of attorney is signed and witnessed.
C. If the principal is physically unable to sign or mark a mental health care power of attorney, the notary and each witness shall verify on the document that the principal indicated to the notary or witness that the mental health care power of attorney expressed the principal’s wishes and that the principal intended to adopt the mental health care power of attorney at that time.
D. A notary or witness shall not be any of the following:
1. A person designated to make medical decisions on the principal’s behalf.
2. A professional care provider directly involved with the provision of care to the principal at the time the mental health care power of attorney is executed.
E. If a mental health care power of attorney is witnessed by only one person, that person shall not be either:
1. Related to the principal by blood, marriage or adoption.
2. Entitled to any part of the principal’s estate by will or by operation of law at the time that the power of attorney is executed.
F. A mental health care power of attorney may be used as part of or independent of a health care power of attorney as defined in section 36-3201.