he or she cannot be discharged to his or
her own care. On a positive note, when an
MHG hearing is required, the Arizona
court system has been generous in allowing
physicians to testify telephonically at hearings, which is extremely helpful for providers with busy schedules and patient care responsibilities.
Practice Tips & Resources
Knowledge is often the key to success.
There are attorneys who focus on MHG
and MHPOA as part of their scope of practice. Using their expertise as consultants can
be invaluable as they truly understand the
intricacies of the process. Many difficulties
can arise because MHPOA and MHG powers are misunderstood. Lawyers with such
expertise are able to better educate involved
parties such as medical professionals, police
and hospital staff, as to why a certain action
should or should not take place. This may
streamline obtaining immediate care for a
ward or principal.
The inherent authority of a MHG/
MHPOA is nearly useless if the guardian or
agent does not understand their powers. It
is imperative that the attorney involved edu-
cate the guardian or agent on the legal un-
derpinnings of the MHG/MHPOA. They
should understand the significance of their
mental health powers and how they are
used. To this end, some attorneys provide
packets with citations to the legal authority
and pertinent legal language that can be ref-
erenced quickly during conversations with
providers.
Consultation on possible roadblocks is
also important. Guardians/agents should
understand that there may be barriers when
an attempt is made to place a ward or
principal in a psychiatric facility, administer
medications, or to access the involuntary
commitment process. An attorney should
thoroughly explain why this may happen
and strategies to overcome these hurdles so
as to prepare the guardian or agent for
future decisions for the ward or principal.
Guardians and agents also should be made
aware of the mental health resources in the
area. This will improve the guardian or
agent’s ability to prop-
erly advocate for the
ward or principal, and
the knowledge of
available services (like
the crisis line, police well-checks, residential
housing) may serve as a stop-gap when care
cannot be provided immediately.
Revocation of a MHPOA can become an
issue. This is a potential problem that is best
addressed during the education process. At
the time this article is being written, under
Arizona law a MHPOA can be revoked
at any time, whether the principal has capacity or not, unless the principal specifies
in the MHPOA that it will be irrevocable
when the principal is incapacitated. A new
bill recently presented to the 2016 Legislature would mandate that the principal is
unable to revoke the MHPOA or disqualify an agent while the principal is deemed
incapable as defined in A.R.S. § 36-3281.4
The conversation about when the principal
is and is not able to revoke should take place
in every consultation on MHPOA. The
irrevocability of the document also should
We are pleased to welcome our newest partners
STOCKTON D. BANFIELD
480.461.5356 | sdb@udallshumway.com
Mr. Ban;eld focuses his practice on
the representation of individuals and
businesses in litigation related
issues including real estate and
probate matters. Mr. Ban;eld assists
small business owners in creating
and maintaining business entities
and handling employment related
issues. Mr. Ban;eld also has experience
with corporate/LLC business organiza-
tion formation, forming and certifying
minority owned businesses, buying and
selling businesses, as well as estate and
probate litigation.
1138 North Alma School Road, Suite 101, Mesa | 480.461-5300 | www.udallshumway.com
MICHAEL KIELSKY
480.461.5309 | mk@udallshumway.com
Mr. Kielsky is a litigiator focused on
criminal defense, DUI defense, and
tra;c tickets, including photo radar.
Additionally, Mr. Kielsky represents
victims of crimes navigating the
criminal justice system, as well as
clients in administrative hearings
before boards and administrative law
judges, and in protective order matters.
Mr. Kielsky also has experience in family
law, civil litigation, landlord/tenant
disputes, and consumer law.
We are pleased to welcome our newest partners
STOCKTON D. BANFIELD
480.461.5356 | sdb@udallshumway.com
Mr. Ban;eld focuses his practice on
the representation of individuals and
businesses in litigation related
issues including real estate and
probate matters. Mr. Ban;eld assists
small business owners in creating
and maintaining business entities
and handling employment related
issues. Mr. Ban;eld also has experience
with corporate/LLC business organiza-
tion formation, forming and certifying
minority owned businesses, buying and
selling businesses, as well as estate and
probate litigation.
1138 North Alma School Road, Suite 101, Mesa | 480.461-5300 | www.udallshumway.com
MICHAEL KIELSKY
480.461.5309 | mk@udallshumway.com
Mr. Kielsky is a litigiator focused on
criminal defense, DUI defense, and
tra;c tickets, including photo radar.
Additionally, Mr. Kielsky represents
victims of crimes navigating the
criminal justice system, as well as
clients in administrative hearings
before boards and administrative law
judges, and in protective order matters.
Mr. Kielsky also has experience in family
law, civil litigation, landlord/tenant
disputes, and consumer law.
We are pleased to welcome our newest partners
STOCKTON D. BANFIELD
480.461.5356 | sdb@udallshumway.com
Mr. Ban;eld focuses his practice on
the representation of individuals and
businesses in litigation related
issues including real estate and
probate matters. Mr. Ban;eld assists
small business owners in creating
and maintaining business entities
and handling employment related
issues. Mr. Ban;eld also has experience
with corporate/LLC business organiza-
tion formation, forming and certifying
minority owned businesses, buying and
selling businesses, as well as estate and
probate litigation.
1138 North Alma School Road, Suite 101, Mesa | 480.461-5300 | www.udallshumway.com
MICHAEL KIELSKY
480.461.5309 | mk@udallshumway.com
Mr. Kielsky is a litigiator focused on
criminal defense, DUI defense, and
tra;c tickets, including photo radar.
Additionally, Mr. Kielsky represents
victims of crimes navigating the
criminal justice system, as well as
clients in administrative hearings
before boards and administrative law
judges, and in protective order matters.
Mr. Kielsky also has experience in family
law, civil litigation, landlord/tenant
disputes, and consumer law.
We are pleased to welcome our newest partners
STOCKTON D. BANFIELD
480.461.5356 | sdb@udallshumway.com
Mr. Ban;eld focuses his practice on
the representation of individuals and
businesses in litigation related
issues including real estate and
probate matters. Mr. Ban;eld assists
small business owners in creating
and maintaining business entities
and handling employment related
issues. Mr. Ban;eld also has experience
with corporate/LLC business organiza-
tion formation, forming and certifying
minority owned businesses, buying and
selling businesses, as well as estate and
probate litigation.
1138 North Alma School Road, Suite 101, Mesa | 480.461-5300 | www.udallshumway.com
MICHAEL KIELSKY
480.461.5309 | mk@udallshumway.com
Mr. Kielsky is a litigiator focused on
criminal defense, DUI defense, and
tra;c tickets, including photo radar.
Additionally, Mr. Kielsky represents
victims of crimes navigating the
criminal justice system, as well as
clients in administrative hearings
before boards and administrative law
judges, and in protective order matters.
Mr. Kielsky also has experience in family
law, civil litigation, landlord/tenant
disputes, and consumer law.
