The Arizona Mental Health Care Power of Attorney documents an individual’s decision to appoint an “agent” (attorney-in-fact) to make medical judgment calls on their behalf should they ever lose their mental ability to do so. Of course, for the agent to gain control, a mental health expert will have to assess the principal to determine whether or not they are incapable of making logical decisions. This should not be confused with the regular Health Care Power of Attorney that focuses on life-ending situations. To achieve an operable POA, the person creating the document should enter in all the requested info and sign it either in the presence of a qualified witness or a notary public.

Laws

Statutes – Arizona Revised Statutes – Title 36, Chapter 32 – Living Wills and Health Care Directives (§ 36.3201 – 36.3296)

Definitions – “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 (§ 36.3201(11)).

Signing Requirements – A notarial figure must officially confirm the form or one (1) qualified witness (§ 36-3221(3)).