Arizona created a separate power of attorney just for mental health treatment - and most estate plans, even careful ones, skip it. The standard health care POA cannot fully reach mental health decisions, so families without this document can find themselves standing outside a treatment decision they assumed they were covered for.
How it works
- Under A.R.S. § 36-3281, you name an agent - and backups - to make mental health treatment decisions for you.
- It operates when a licensed physician finds the principal incapable of giving informed consent. Until then, you decide for yourself; it does not take anything from you while you are well.
- One guardrail: the agent cannot be someone directly involved in providing health care to the principal at signing.
- Arizona publishes a sample form directly in the statute, so there is a legitimate free starting point.
Who this matters most for
Anyone with a family history of dementia, a loved one managing a psychiatric condition, or simply a preference for closing every gap. Dementia is the quiet reason this document belongs in ordinary retirement-age planning: the conditions most likely to take decision-making capacity late in life are exactly the ones the standard documents handle least gracefully.
Where it fits in the set
Sign it alongside the health care power of attorney and living will - the three together are your complete advance directive set. Then register all of them with Arizona's free healthcare directives registry so they can be found when needed.
Sources
- A.R.S. § 36-3281 (mental health care power of attorney) (full text, checked 2026-08-09)
- A.R.S. § 36-3286 (sample mental health care power of attorney) (checked 2026-08-09)
- Arizona Healthcare Directives Registry (AzHDR) (checked 2026-08-09)
Educational information only, not legal advice. Have your documents reviewed by a licensed professional.