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Have you ever wondered about the significance of an Arizona Mental Health Power of Attorney? This legal document plays a crucial role in granting a designated agent the authority to make critical mental health treatment decisions on an individual’s behalf when they cannot do so themselves. Typically, it comes into play when a person faces a mental health crisis or lacks the capacity to make informed choices regarding their mental health treatment, often due to illness, injury, or other circumstances.
It’s important to note that an Arizona Mental Health Power of Attorney can be integrated into or exist independently of a broader healthcare power of attorney. This document usually contains specific directives about the types of mental health treatment the designated agent can oversee and any restrictions on their decision-making authority. The agent is typically a trusted friend or family member appointed by the individual, who is referred to as the principal.
In situations with no dedicated Mental Health Power of Attorney, the agent under a traditional health care power of attorney can make decisions related to mental health treatment if the principal is found incapable. However, it’s essential to understand that this agent cannot admit the principal to an inpatient psychiatric facility or consent to inpatient psychiatric treatment. In such cases, resorting to emergency Title 14 Guardianship or Title 36 Court-Ordered Treatment legal processes may be necessary to authorize inpatient psychiatric treatment.
On the other hand, when a Mental Health Power of Attorney is in place and explicitly grants the agent the authority to admit the principal to an inpatient psychiatric facility, the agent can take action if there is reasonable cause to believe that the principal requires evaluation or treatment. Additionally, if a patient refuses treatment or requests discharge, and the treating physician deems further inpatient treatment necessary, the facility can rely on the agent’s consent for treatment, release, and discharge decisions as per the authority granted in the Mental Health Power of Attorney. This can often help avoid the need for Title 14 Guardianship and/or Title 36 Court-Ordered Treatment legal proceedings.
In essence, the Arizona Mental Health Power of Attorney is an invaluable legal document, particularly when someone is in the midst of a mental health crisis. It is a powerful tool for avoiding lengthy and complex court proceedings, especially when inpatient mental health treatment becomes essential.
Regardless of their mental health status, every adult should consider including a Mental Health POA in their estate plan. It’s worth mentioning that while this document is significant, it is just one of several medical directives that should be part of a comprehensive Arizona estate plan.
The information contained in this blog was generously provided by Bivens & Associates P.L.L.C., who not only forms part of our proud coalition but also has a proven track record of helping seniors and their families with all aspects of elder law in Arizona.
Building a trust or an estate plan is where experience counts, but that doesn’t mean you must go to a large law firm. On the contrary, some of the savviest trusts and estates attorneys have their firms or practice in small and moderate-size law firms in Arizona.
An average flat fee for a basic revocable trust plan may run from $2,500 to $10,000, depending on the trust’s complexity and the estate’s size. Flat fees, however, aren’t necessarily a better deal than hourly rates. Remember, the priciest lawyer isn’t necessarily the best.
Ask at the outset for the lawyer’s rate. It’s better to know upfront so that neither of you wastes the other’s time if there’s a vast discrepancy between what an attorney charges and what you’re willing to pay. Generally, the more assets a person has, the more complicated their estate is likely to be, and the more it will cost to put together a thoughtful estate plan.
If you feel that the attorney is a good match in terms of style, pricing, and comfort with risk, you’re ready to hire them. Expect to sign an engagement or retainer agreement that outlines what services will be provided.
In Arizona, the language in this agreement is mandated by law or the state bar association. The agreement should specify two crucial points: the duty of confidentiality and the duty of loyalty. For example, an attorney cannot keep confidence from one spouse while still fulfilling his duty of loyalty to the other spouse. To ensure that loyalty, spouses will generally be asked to waive confidentiality between themselves and the attorney.
Your trust and estate attorney will likely give you homework after signing an agreement. Most attorneys use a worksheet, up to 30 pages long, designed to help identify your goals, raise issues, and gather data on your estate. Some questions may feel intrusive, such as whether there’s any substance abuse in the family. This may, however, affect how you hold assets in trust for particular beneficiaries.
Some estate attorneys will charge an extra fee for consulting on how to help minimize estate taxes. Even though there is no Arizona estate tax, the federal estate tax may apply to your estate. The federal estate tax exemption is $12.06 million for 2022. This tax is portable for married couples. With the proper legal steps, a couple can protect up to $24.12 million when both spouses have died. Additional planning, which will include advice on minimizing or eliminating such taxes by transferring assets to an irrevocable trust, for example, can add as little as $1,000 to the legal bill while potentially saving your heirs tens of thousands of thousands of dollars, making it a worthwhile investment.
Some wills and revocable trusts require more than one draft. Often, this depends on how well you’ve communicated your wishes to the attorney. A revocable trust document may be as long as 40 pages. Your attorney should provide a one-page flow chart and then a five- to 10-page summary of what’s contained in the document.
Once the revocable trust and will are finalized, decide who will keep the documents and where. Next, the attorney will give you instructions on how to fund the trust by transferring assets into it and changing the title on accounts and property. Perhaps the most important thing to remember is that a will and revocable trust can be changed and modified.
Good lawyers will communicate with a trustee periodically by letter to remind him of the terms of his will and inquire whether he has any interest in making changes. Tarenaren’t trying to drum up fees; they know that circumstances change and that wills and trusts need modifying. If your lawyer doesn’t do this, you should add “review will” to your tickler file when tax time rolls around.
Watch as Scott delves into the complex and often misunderstood world of legal paperwork to get in order BEFORE disaster strikes your family.
Jason May from AZ Law Doctor joins Scott this week as they delve into the main difference between a healthcare power of attorney and a mental health power of attorney and why each document is so crucial. Jason also touches on why doing the necessary paperwork in anticipation of disaster can make a difference when the time comes.
Contact us at Senior Resource Connectors today for more expert advice, trusted resources, or a patient ear.
Scott sits down to chat with Stephanie Bivens from Bivens & Associates P.P.L.C. about some of the most important legal documents families can and should get in place BEFORE crisis strikes. From Estate Planning to a Living Will and everything in between, Stephanie guides us through some intimidating topics and their meaning.
For more information, resources, or a trusted referral, call us at Senior Resource Connectors today.
To provide Arizona seniors and their loved ones easy access to the most trusted and highly professional resources for care as they encounter the many physical and emotional challenges that come with aging today.
