By Kent Berk on September 25th, 2024 in BLOG, Elder Abuse, Elder Law, Estate Litigation, PROBATE LITIGATION
Berk Law Group actively monitors legal changes affecting our clients, particularly those involving mentally incapacitated individuals. Recently, we reviewed Senate Bill 1309, which amends the Arizona statutes regarding mental health evaluation and treatments.
The bill clarifies and streamlines mental health evaluation and treatment processes, ensuring the protection of individuals’ rights while providing clear guidelines for cases involving mental health issues posing risks to the person or others.
Key Provisions and Amendments
Application for Court-Ordered Evaluation (A.R.S. § 36-520)
- Any responsible person can apply for a court-ordered mental health evaluation for someone believed to be a danger to themselves or others due to a mental disorder.
- The application shall include detailed information about the individual if known, including but not limited to:
- Mental health history;
- Relationship;
- Behaviors that pose a potential danger;
- Known witnesses to the individual’s behavior;
- Copies of guardianship/power of attorney documents.
- Screening agencies must do the following:
- Immediately assist applicants and process applications within 48 hours;
- Conduct a pre-petition screening;
- Consider relevant information from family members and guardians.
Petition for Evaluation and Treatment (A.R.S. § 36-523 and 36-533)
- If evaluation or treatment is deemed necessary, a petition is then filed with the court, including affidavits from evaluating physicians.
- The petition must detail the mental disorder, behaviors, potential danger, evidence from any witnesses, and may request a guardian or conservator if needed.
- Petitions and evaluations should not be denied based on a lack of witnesses or certain documentation.
Evaluation and Treatment (A.R.S. § 36-530)
- A person shall be evaluated as soon as possible following court order, subject to the person’s right to refuse treatment under A.R.S. § 36-512 and 513.
- The evaluation agency shall seek and consider relevant behavioral health information from people having significant relationships with the person, including family members and guardians.
Voluntary Evaluations (A.R.S. § 36-522)
- Clear guidelines exist for voluntary evaluations, ensuring informed consent.
- Informed consent can be given by the individual, a court-appointed guardian, or a power of attorney agent.
Visitation Rights (A.R.S. § 36-514)
- Individuals in mental health facilities retain their rights to visitation, communication, and religious practices.
- Those detained for mental health evaluations or treatment have reasonable access to telephones, uncensored mail correspondence, and religious freedom.
- Court-ordered evaluations or treatments do not alter their legal residence.
Key Changes
- Court-ordered treatment and evaluation does not change the person’s residence.
- Enhanced requirements for the application for evaluation.
- Informed consent to voluntary inpatient evaluation may be given by the person, the person’s guardian with inpatient authority or the designated agent under a power of attorney that grants inpatient authority.
- The petition for evaluation must include the names and contact information of key witnesses.
If you are involved in a legal dispute concerning a mentally incapacitated person, whether under a guardianship/conservatorship or you suspect elder abuse and/or financial exploitation are at play, Berk Law Group can help you. Please contact us for more information.
