Even if you cannot communicate directly, powers of attorney play a crucial role in the planning of future medical decisions by ensuring your wishes are carried out. Many people are surprised, however, to learn that a medical power of attorney differs from a mental health power of attorney and that the former does not always cover the duties of the latter.
This guide will explore the distinctions between these two legal papers, explain the subjects they each cover, and help you understand the relevance of clarity in the creation of a thorough healthcare plan.
Does Medical Power of Attorney Cover Mental Health?
The short answer is that this is not always true.
A medical power of attorney (MPOA) is a legal document allowing you to name someone—an agent or proxy—to make general healthcare decisions for you in the event of your incapacity. This usually includes choices about drugs, surgeries, long-term care, end-of-life decisions, and hospitalizations.
Many states, including Arizona, still require an independent or expressly assigned mental health power of attorney (MHPOA) to make choices about psychiatric treatment. This includes:
- Entry to a behavioral health facility without consent
- The management of psychotropic drugs
- Using restraints in a mental health crisis
Your designated delegate might not have the legal power to decide on your behalf, though, if your MPOA does not specifically address mental health treatment or if you do not also hold an MHPOA.
Why the Distinction Exists
Courts and lawmakers handle mental health care decisions differently than they do general medical treatment; their actions may be sensitive and limiting, including forced hospitalization or medication. Moreover, a dedicated MHPOA ensures that these very private choices are handled legally and clearly.
Medical Power of Attorney vs. Mental Health Power of Attorney
To create a comprehensive plan that protects your entire range of healthcare preferences, it is essential to understand the differences between a medical power of attorney and a mental health power of attorney.
Medical Power of Attorney (MPOA)
- Purpose: Empowers a trusted person to make general medical decisions if you’re incapacitated
- Scope: Physical health treatments, surgeries, medications, end-of-life care, organ donation, etc.
- Activation: Typically takes effect when you are declared unable to make decisions
- Limitations: May not allow decisions related to psychiatric treatment unless specified
Mental Health Power of Attorney (MHPOA)
- Purpose: Authorizes a trusted agent to make mental health care decisions
- Scope: Psychiatric evaluations, hospitalizations, use of psychotropic medications, outpatient mental health services
- Activation: Generally requires a declaration of mental incapacity by one or more physicians
- Legal Recognition: Varies by state; in Arizona, a separate MHPOA is legally required for mental health decisions
Having both documents in place ensures your chosen agent has the authority to act across all areas of healthcare, including in the event of a mental health crisis.
What Is a Mental Health Care Declaration and Power of Attorney Revocation?
An MHPOA often includes a mental health care declaration. It outlines your particular preferences for mental health care, such as which facilities you prefer, whether you agree to take medication or not, and under what circumstances you may consent to involuntary treatment.
Situations change from time to time. If you decide that the MHPOA no longer represents your desires or if you no longer have faith in the designated agent, you have the right to revoke it.
How to Revoke a Mental Health Power of Attorney
Revocation should be handled carefully and legally. Here’s how:
- Written Notice: Prepare a written statement declaring that the MHPOA is revoked.
- Notify Parties: Deliver this notice to your current agent, any healthcare providers, and any institutions that may have the document on file.
- Create a New MHPOA: If needed, you can draft a new MHPOA with updated instructions and agent designations.
- Destroy Old Copies: Ensure older versions are destroyed to prevent confusion.
In Arizona, you must be considered mentally competent at the time of revocation. If there’s concern about capacity, a physician’s evaluation may be required.
Why You Need Both Powers of Attorney
Mental health issues don’t always show symptoms, and incapacity can be erratic or transient. Having a power of attorney for both your medical and mental health allows you to:
- Make sure your trusted agent can step in in case of a mental health or medical emergency.
- Avoid the need for guardianship procedures or court intervention.
- Please specify your personal preferences for facilities and care.
- Despite hardship, maintain your independence and dignity.
Having the right paperwork in place is essential, especially in states like Arizona where the law treats decisions about mental health care differently.
How Mozell Law Group Can Help
The areas of focus for Mozell Law Group PLLC are mental health law, conservatorship, guardianship, and estate planning. Our legal team is aware of the complexities involved in creating powers of attorney that will effectively protect your mental and physical well-being.
We can help with the following:
- Create or update a comprehensive MPOA and MHPOA.
- Work together with healthcare providers to ensure that all required documentation is kept up to date.
- Update or withdraw current declarations as necessary.
- Your long-term care plan and overall estate should incorporate your POAs.
Attorney Josh Mozell has a great deal of experience helping people and families make these very personal and legally complicated decisions.
Final Thoughts
A medical power of attorney is very important even if it may not be enough. Mental health emergencies need a different set of tools, protections, and legal authorizations.
Talking to a knowledgeable attorney and having both a medical and a mental health power of attorney ready will help to ensure that your whole spectrum of healthcare needs is addressed.
Ready to boldly and obviously protect your future? Set up a consultation by calling Mozell Law Group PLLC right away.
