An estate plan helps ensure your legal and financial wishes are followed. It achieves this by creating legal tools like trusts, last will, and medical and financial power of attorney. But, general estate plans often overlook important considerations like mental health. It is therefore essential to have a personalized estate plan.
Personalized estate planning helps you adapt to life’s changing circumstances, including mental health decline as you age. Addressing mental healthcare in estate planning is crucial as mental health issues including depression and cognitive decline can affect a person’s decision-making ability.
A Mental Healthcare Power of Attorney is a key estate planning document. The document helps protect you and your loved ones or beneficiaries in case of a mental illness.
What is a Mental Healthcare Power of Attorney (MHPOA)?
A Mental Healthcare Power of Attorney is a legal document allowing you to designate an individual or an entity to make mental healthcare decisions for you in case of incapacitation. The person giving control is the ‘principal’ and the one getting legal authority is the ‘agent.’
An MHPOA grants the power to make mental healthcare decisions about psychological or psychiatric treatments, admission into an inpatient facility, and accepting or refusing certain medications. A skilled Arizona estate planning lawyer can help customize the MHPOA to your specific life circumstances.
A mental healthcare power of attorney differs from a general healthcare power of attorney in that it helps specify mental health treatment preferences. While a general healthcare power of attorney authorizes an agent to make medical decisions for you, it does not necessarily allow them to make mental healthcare decisions.
An MHPOA considers specific circumstances like the possibility of cognitive decline and admission into a mental healthcare program. It is advisable to use a Mental Healthcare Power Of Attorney if;
- your mental health is declining
- you foresee treatment in a mental health facility
- you have been diagnosed with a condition that might reduce your capacity to make informed mental healthcare decisions
Why You Need a Mental Healthcare Power of Attorney
One of the primary objectives of a mental healthcare power of attorney is to address potential mental health crises and incapacity. The legal tool ensures your mental healthcare wishes are honored in case of incapacitation. It designates a trusted individual to make mental healthcare decisions on your behalf.
You need an MHPOA to protect yourself and your loved ones in a mental health crisis. Making mental health decisions can be emotionally challenging for loved ones. However, an MHPOA helps reduce the burden on loved ones by letting you take control of your future mental health care.
A mental healthcare power of attorney ensures you have the necessary support while safeguarding your autonomy. It helps protect personal preferences and values by outlining your wishes on psychiatric treatments and medications. It provides clarity and guidance in what can be a challenging situation for loved ones and healthcare providers.
An MHPOA also helps avoid family disputes that might delay crucial care. Your loved ones may need to seek emergency guardianship in a probate process in case you need psychiatric treatment but don’t have an MHPOA. Family members are likely to disagree on decision-making authority, guardianship, and care in such cases. A mental healthcare power of attorney helps avoid such conflicts and ensure continuity of care.
While an MHPOA is essential for individuals diagnosed with a mental health condition, it is advisable to include it in your estate plan even if you have no history of mental health illness. Besides age-related mental health or cognitive decline issues like dementia or Alzheimer’s, an accident can leave you mentally incapacitated.
Arizona Laws on Mental Healthcare Power of Attorney
Mental Healthcare Power of Attorney regulations vary by state with Arizona requiring the legal document to follow some state-specific regulations for it to be valid. For instance, A.R.S 36-3282 requires an MHPOA to be in writing, signed by the principal, and notarized or witnessed by at least one adult.
The law requires the principal to have been of sound mind and not under duress at the time of signing the mental healthcare power of attorney. Arizona laws also outline who can be an agent and a witness. For instance, family members or beneficiaries cannot be witnesses.
Any individual directly involved in the provision of health care to the principal at the time of executing an MHPOA cannot be an agent. The designated agent must also carry out the principal’s wishes as outlined in the legal document or the principal’s best interest if the document is unclear.
The decision to declare a principal incapacitated or unable to give informed consent must be by a licensed physician or psychologist for an MHPOA to be effective. Arizona law also requires the agent to have access to the principal’s medical records for informed decision-making.
Choosing the Right MHPOA Agent
You need to have a trusted individual as your agent. Having someone you trust gives you peace of mind that your wishes will be followed and your family taken care of in case of incapacitation. Besides trustworthiness, your designated agent should also be knowledgeable about mental health issues. You should also consider the agent’s decision-making capacity.
It is crucial to discuss expectations and responsibilities with your designated agent. It is essential to outline your expectations of the agent’s role, especially for a customized MHPOA. For instance, you need to discuss how they will incorporate specific cultural, religious, or ethical considerations.
Let an Arizona Estate Planning Attorney Help You
Personalized estate planning is a complex process requiring specific considerations, including mental healthcare planning. While a Mental Healthcare Power of Attorney can help you address mental healthcare concerns, it can be challenging to navigate its requirements and execution without legal assistance.
Our skilled and experienced Arizona estate planning lawyers at Anthem Law are committed to guiding you through the MHPOA process. We will help you comply with state-specific MHPOA requirements and choose the right agent. Our personalized estate planning solutions help protect you and your family and ensure your wishes are honored. Contact us today to schedule a consultation and learn more about our services.