Renewal of Mental Health Powers

Forms

Report of Mental Health Expert

motion requesting that the court renew the guardian's authority to consent for the ward to receive inpatient mental health care and treatment in a level one behavioral health facility licensed by the Arizona Department of Health Services

Order

Lodge form of Order

Notice of Lodging of Form of Order

Serve all of the above forms on the Incapacitated Person and upon his court appointed attorney.

Law

Renewal of Guardian's Inpatient Mental Health Authority
17B A.R.S. Rules Probate Proc., Rule 36

 

A. Renewal Prior to Expiration of Authority

1. No later than thirty days before the anniversary date of the guardian's appointment, a guardian who has been granted the authority to consent for the ward to receive inpatient mental health care and treatment in a level one behavioral health facility licensed by the Arizona Department of Health Services, and who wishes to renew such authority before it expires, shall file with the court the annual report of guardian and physician's or psychologist's evaluation report required by A.R.S. § 14-5312. 01(P) and a motion requesting that the court renew the guardian's authority to consent for the ward to receive inpatient mental health care and treatment in a level one behavioral health facility licensed by the Arizona Department of Health Services. In addition, the guardian shall lodge a form of order renewing such authority. The guardian shall serve a copy of the annual report of guardian, a copy of the physician's or psychologist's evaluation report, a copy of the motion, and a copy of the form of order upon both the ward and the ward's court-appointed attorney.

 

 2. If the ward files an objection or a request for hearing pursuant toA.R.S. § 14-5312.01(P), the court shall enter an order that complies withRule 58(d), Arizona Rules of Civil Procedure, and that extends the guardian's authority to consent for the ward to receive inpatient mental health care and treatment in a level one behavioral health facility licensed by the Arizona Department of Health Services until the court has ruled on the ward's objection to or request for hearing on the continuation of the guardian's authority to consent for the ward to receive inpatient mental health care and treatment in a level one behavioral health facility licensed by the Arizona Department of Health Services.

 

B. Renewal After Authority Expires. If a guardian whose authority to consent for the ward to receive inpatient mental health care and treatment in a level one behavioral health facility licensed by the Arizona Department of Health Services expires and the guardian wishes to renew such authority, the guardian shall file with the court a petition requesting the renewal of the authority.