Mental Health Powers — in Powers of Attorney or Guardianship

Sometimes the authority to make health care decisions for another person does not work out. It can especially founder on a common limitation: it might not include mental health powers. Without authority over mental health decisions, the agent, guardian or family member may be unable to arrange for sufficient care. Arizona law distinguishes between making general health care decisions for another person and making the decision to authorize inpatient mental health care. In this week’s podcast episode, we discuss mental health powers — both in guardianship proceedings and in health care powers of attorney signed by the patient. As you listen to this discussion, please note that Arizona law is somewhat idiosyncratic. That is especially true with regard to the procedures necessary in order to convey authority over mental health care. Talk to an attorney in your jurisdiction before assuming that our discussion would be the same in another state. Need to find someone who knows about these issues? You might start with the National Academy of Elder Law Attorneys.