Mental Health Care Power of Attorney - new for AZ in 1999 (& 2000)In the fall of 1999, the Arizona legislature amended Arizona’s Living Will and Health Care Directive statute to clarify the conditions under which a health care agent could authorize involuntary commitment of a principal (A principal is the person who, while competent, appoints a health care agent in a health care power of attorney document.) to an inpatient psychiatric hospital. There were additional amendments made in 2000. Unfortunately, we are still left with a law that is likely to create significant problems for many families, whatever the benefits perceived by the self-appointed advocates for the mentally ill in Arizona. The law in Arizona now states that a mental health care agent or a health care agent can authorize inpatient psychiatric hospitalization of a principal only if the principal has specifically granted such authority in a valid mental health care or a general health care power of attorney document. Dorothy Garske Center will not revise its Living Will & Health Care Power of Attorney form, which remains valid under the revised statute Neither will the Center provide a complete and separate mental health care power of attorney. The Center is providing an attachment that may be used with the Living Will and Health Care Power of Attorney form to grant authority to health care agent(s) to authorize inpatient psychiatric care, if recommended by a physician. Some persons who have received inpatient psychiatric care in the past or who might be considered in need of such care in the future have very definite wishes about treatments they want and treatments they do not want at any time they are unable to make mental health care treatment decisions. Anyone can include whatever treatment wishes he or she wants in a health care directive directive. The law directs that all medically reasonable instructions be followed. Dorothy Garske Center recommends that such individuals not solely rely on the forms available through the Center but seek the assistance of an attorney with expertise in drafting mental health care powers of attorney. The change in the law could also seriously effect others, such as victims of Alzheimer’s disease and their families. Alzheimer’s patients sometimes require periods of specialized inpatient care to deal with behavioral problems. If your health care directives do not have the correct instructions and this situation should arise for you or someone for whom you are a health care agent, the authority to provide inpatient psychiatric care could only be obtained through the courts. There is a provision allowing temporary hospitalization should a provider determine that a patient is a danger to self or others. But, it is best not to rely on the exception language in the statute to insure you will receive the care you may need. To avoid the need to rely on the courts in when involuntary inpatient psychiatric care may be in your best interests and determined by your agent to be consistent with your wishes, do either of the following:
Someone who does not want their health care agent to have the authority to seek involuntary psychiatric hospitalization could simply do nothing but prepare the regular health care power of attorney.
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