Arizona Revocation of Mental Health Care Law

Power of Attorney and Health Care – General – Arizona

Section 36-3285. Revocation; disqualification of agent

 

A. Unless limited by the express authority in the document, a principal even if incapable, as defined in section 36-3281, may revoke all or any part of the principal’s mental health care power of attorney by doing any of the following:

1. Making a written revocation of the mental health care power of attorney or a written statement to disqualify an agent.

2. Orally notifying the agent or a mental health care provider.

3. Making a new mental health care power of attorney.

4. Any other act that demonstrates a specific intent to revoke a mental health care power of attorney or disqualify an agent.

B. Unless a facility has instituted proceedings pursuant to section 36-533, if a principal who is a patient in a mental health facility revokes a mental health care power of attorney and requests a discharge in writing, the facility shall discharge that person within twenty-four hours after it receives this request, excluding weekends and legal holidays. THE DISCHARGE REQUIREMENT PRESCRIBED IN THIS SECTION DOES NOT APPLY IF A MENTAL HEALTH CARE PROVIDER IS PROHIBITED FROM DISCHARGING THE PERSON UNDER FEDERAL LAW.

 


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