Dealing with mental health challenges is never easy. The last thing you want to worry about during a difficult time is losing control over your own medical decisions. That’s why having a mental healthcare power of attorney is critical for Arizonans. It gives you the peace of mind that someone you trust will make health choices on your behalf if you become incapacitated.
What exactly is a mental healthcare power of attorney? In simple terms, it’s a legal document that designates an “agent” to make mental health treatment decisions for you if you are unable to make them yourself. This could be due to severe mental illness, a brain injury, Alzheimer’s disease, or any condition that impairs your decision-making capacity.
Your agent will have the authority to authorize in-patient mental health treatment.
This document is used if you become a danger to yourself and others and require mental healthcare. The key is picking someone you have complete faith in to respect your wishes and act in your best interest.
Do You Really Need a Mental Healthcare Power of Attorney in Arizona?
Why is having a mental healthcare power of attorney so important in Arizona specifically? It allows you to choose who you want making these decisions for you, if the time ever comes that it is required. There’s also the looming threat of court-ordered guardianships or conservatorships for those deemed unable to manage their affairs. The Court may need to appoint a guardian (with mental health powers) to manage your mental healthcare.
Fortunately, Arizona law protects those who plan ahead with a mental healthcare power of attorney. Per A.R.S. § 36-3281, a power of attorney takes priority over any guardianship. So, if you have one in place, a court usually will not appoint a guardian to override them.
Some might wonder, can’t I let my spouse or parent decide for me? Why do I need a specific power of attorney document? While Arizona does have “surrogate” decision-making laws that let families step in, they are more limited. A surrogate can only decide to admit you to certain treatment facilities, and without the document, they lack the full range of powers an agent would have. Plus, surrogates are not legally bound to follow your wishes like an agent is. The power of attorney makes your preferences explicit and enforceable.
Others may ask if they can draft a power of attorney independently. While you can find forms online, mental healthcare powers of attorney have very specific legal requirements in Arizona. That’s why it’s best to consult an experienced law firm who knows the ins and outs of our state’s laws. They can ensure your power of attorney is properly executed and that no detail is overlooked.
Don’t Wait to Put a Mental Healthcare Power of Attorney in Place
So don’t put it off – get a mental healthcare power of attorney in place while you have the capacity to do so. Sit down with your loved ones and have the hard but necessary conversations about your wishes. Think carefully about who you trust to be your advocate and honor your preferences even in the toughest of times. With this critical document in hand, you can breathe a sigh of relief knowing you’re as protected as possible from losing autonomy down the road.
Remember, none of us has a crystal ball. We can’t predict how our mental health will change over time, but we can take concrete steps to prepare. A mental healthcare power of attorney is like an insurance policy for your mind – there if you need it, tucked away if you don’t. By planning ahead, you give yourself and your loved ones a priceless gift.
Contact Our Tempe & Chandler Lawyers Today
The stress of coping with mental illness is hard enough without the added anguish of losing your voice in your own care. Don’t leave your fate up to chance or the court system. Take action today to cement a power of attorney and empower those you trust most to stand in your shoes. It’s your mind, your health, your choice – now and always.
Let the experienced lawyers at Blake & Pulsifer law firm help you prepare an Advanced Health Care Directive. Call us today at 480-838-3000 or fill out our confidential contact form.
Marc was born and raised right here in the Valley of the Sun. After taking a degree in English Literature, summa cum laude, from Arizona State University, he decided to stay close to home and enrolled at ASU’s College of Law. Since 1998, Marc has practiced in the areas of business transactions, real estate, estate planning, and estate and trust administration. He prides himself on his client centered approach to the law. By focusing on the client’s values and goals first, Marc designs and implements practical legal solutions tailored to the client’s individual needs. Read more>