A. Except during times when the principal has been found to be incapable as defined in section 36-3281, a principal under a mental health care power of attorney may disqualify an agent or revoke all or any portion of the power of attorney.

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Terms Used In Arizona Laws 36-3285

  • 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
  • Health care provider: means a natural person who is licensed under Title 32, Chapter 11, 13, 15, 17 or 25, a hospice as defined in section 36-401 that is licensed under chapter 4 of this title or an organization that is licensed under this title, that renders health care designed to prevent, diagnose or treat illness or injury and that employs persons licensed under Title 32, Chapter 11, 13, 15, 17 or 25. 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
  • 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. Unless a principal is incapable as defined in section 36-3281, a principal may revoke all or any part of the principal’s mental health care power of attorney by doing any of the following:

1. Making a written revocation of the mental health care power of attorney or a written statement to disqualify an agent.

2. Orally notifying the agent or a mental health care provider.

3. Making a new mental health care power of attorney.

4. Any other act that demonstrates a specific intent to revoke a mental health care power of attorney or disqualify an agent.