Does Medical Power of Attorney Cover Mental Health in Arizona?

It's a good idea to plan ahead for healthcare decisions, including the chance that you won't be able to make them on your own. A Medical Power of Attorney (MPOA) is a very significant legal paper. But in Arizona, this agreement doesn't cover everything. A lot of people ask Mozell Law Group if a medical power of attorney in Arizona includes mental health treatments.

The short answer: No, not entirely. Arizona law treats mental health care as a separate category, requiring its own legal documentation. The next part goes into more detail on the differences, requirements, and tactics that are necessary to make sure that Arizona law protects you properly.

What Is a Medical Power of Attorney in Arizona?

A Medical Power of Attorney (MPOA) lets you choose someone else (your agent) to make medical decisions for you if you can't do it yourself. This includes decisions about medications, surgeries, long-term care, and other needs for physical health. It also includes the authority to make all mental health treatment decisions, except for one: admission to a psychiatric hosp

ital. 

In Arizona, MPOAs must:

• Be signed by you while you are of sound mind

• Be witnessed by an adult or notarized

Your agent has a lot of power over your general healthcare with an MPOA. However, unless you include specific language or sign a separate Mental Health Power of Attorney (MHPOA), your agent does not automatically have the power to make decisions about mental health treatment.

What Is a Mental Health Power of Attorney in Arizona?

If you are found to be unable to make informed decisions, a Mental Health Power of Attorney (MHPOA) is a legal document that names someone you trust to make decisions about your mental health care.

Key Features of a MHPOA:

• Covers psychiatric evaluation and treatment decisions inside a psychiatric hospital

• Authorizes placement in a mental health treatment facility if necessary

• Grants consent to or refusal of specific psychiatric medications

• May include a Mental Health Care Declaration stating your preferences

Just like a MPOA, a MHPOA must be:

• Executed while the individual is competent

• Signed in the presence of a witness or a notary public

Does a Medical Power of Attorney Cover Mental Health in Arizona?

Technically: Not without specific language or a separate MHPOA.

In Arizona, the law requires a Mental Health Power of Attorney if you want your agent to make decisions related to inpatient psychiatric care. A general MPOA will not suffice unless it specifically addresses mental health authority, which most do not.

If you lose your mental capacity and only have a medical power of attorney, your loved ones may have to go to court to get you the care you need (for example, guardianship or emergency mental health orders).

How to Ensure Full Healthcare Coverage in Arizona

To make sure your healthcare wishes are honored in any situation, including a mental health crisis, we recommend the following steps:

1. Draft Both an MPOA and MHPOA

Work with an experienced Arizona estate planning or mental health attorney to create both documents. Each serves a distinct purpose and protects you in different ways.

2. Be Clear About Your Wishes

Include any specific preferences for mental health care in a Mental Health Care Declaration. This might cover:

• Preferred treatment facilities

• Medications you consent to or refuse

• Preferences regarding restraint or seclusion

3. Choose a Trusted Agent

The person you name as your healthcare or mental health agent should be someone you trust deeply to follow your instructions and act in your best interest.

4. Notify Key People

Provide copies of your MPOA and MHPOA to:

• Your designated agents

• Primary care and mental health providers

• Close family members or caregivers

5. Review Periodically

Laws, circumstances, and relationships can change. Review your healthcare documents every few years, or after any major life event.

What Happens If You Don’t Have a Mental Health Power of Attorney?

Without a MHPOA, your loved ones may be required to:

• Seek a court-appointed guardian

• File for involuntary treatment under Arizona's Title 36 mental health statutes

• Navigate emergency petitions, hearings, and potentially drawn-out legal proceedings

These processes can be emotionally and financially taxing. Having the proper documents in place helps prevent unnecessary court involvement and ensures your care aligns with your personal values.

Work with an Experienced Arizona Attorney

At Mozell Law Group PLLC, we specialize in both medical and mental health powers of attorney. We help clients throughout Arizona create legally sound, personalized healthcare documents that provide peace of mind and full-spectrum coverage.

Attorney Josh Mozell is a recognized leader in Arizona mental health law and brings deep experience in helping individuals and families navigate complex healthcare planning.

Final Thoughts

So, does a medical power of attorney cover mental health in Arizona? In most cases, the answer is no unless it includes specific language—and even then, a Mental Health Power of Attorney is the preferred and more secure legal tool.

Protect yourself and your loved ones by ensuring your healthcare decisions are legally documented and clearly understood.

Contact Mozell Law Group PLLC today to create or update your medical and mental health power of attorney documents. We proudly serve clients throughout Phoenix, Scottsdale, Tempe, Mesa, Chandler, and beyond.