When people are creating their advance directives, they often overlook one important document– the mental health care powers of attorney. Mental health care powers of attorney (POA) are legal documents that allow a person to make mental health treatment decisions on behalf of another person when they are unable to do so for themselves. The person making the decisions is called an agent. The person decisions are being made on behalf of is called a principal.
You can tailor your mental health care power of attorney to meet your individual needs. Typically mental health care POAs include a list of decisions the agent can make and a list of limitations on the agent’s authority. As its name suggests, mental healthcare powers of attorney generally cover mental health treatment decisions. These can include decisions about medications, psychiatric or psychological treatments, and admittance into inpatient programs.
I don’t have a mental illness. Do I still need a mental health POA?
A mental health care power of attorney is an important advance directive, even for those without a mental illness diagnosis. Like any other illness, mental illness can develop at any time. An accident like a fall or crash can affect your mental health. Medications can also have side effects that affect your mental health. Some diseases like Alzheimers or Dementia can cause behavior issues. Even if these scenarios seem unlikely, it is better to be safe than sorry.
So, what happens if you do not have a mental health care POA? Well, in the event you need to be admitted inpatient psychiatric facility and refuse, your loved ones may need to pursue an emergency guardianship through the probate courts to ensure you receive treatment. Court proceedings can be costly and stressful for families. You also won’t get any say in who the court appoints to make decisions on your behalf.
It’s best to have a mental health care POA even if you do not have a mental illness diagnosis.
Do I need a mental health care POA if I already have a medical/ healthcare POA?
Yes. A health care POA gives an agent power to make medical decisions on your behalf. This does not necessarily include mental health care decisions on your behalf. For example, generally, a healthcare POA doesn’t grant an agent authority to place the principal in an inpatient facility without their consent. For an agent to make mental health care decisions on your behalf, you need a mental health care POA.
When can my agent use a mental health POA?
In order to grant an agent powers, a principal must have legal mental capacity to do so. This means that a principal cannot grant someone powers if they are already incapacitated. It also means that loved ones can’t seek out a mental health POA to make decisions for someone in the midst of a mental health crisis.
Even once you sign your POA, your agent does not immediately gain the power to admit you to an inpatient facility on any whim. Your agent can’t make any decisions on your behalf unless you are incapacitated or a doctor states that you are unable to give informed consent.
Even though a mental health POA may not go into effect immediately, mental health POAs still grant significant control to your agent. If you are incapacitated, you want your agent to be trustworthy and continuously acting in your best interest.
Can I revoke my mental health care POA?
Yes, as long as you have the capacity to do so. You must revoke a POA in writing and give a copy of your revocation to any interested third party. This includes your agent and any medical facilities that may have your POA on file. The Arizona state legislature has made a form to revoke your POA; but, consulting with an attorney is always a good idea.
How do I create a mental health POA?
In Arizona, the state legislature has created a form that you can use to create a valid mental health care POA. You can use this form if you don’t have a mental health care POA and you want to create one quickly. For a POA that is more tailored to your needs, we recommend seeing an attorney who is familiar with mental health care POAs.
