36-3282. Execution requirements


A. To be valid, a mental health care power of attorney shall:


1. Be executed by a principal who is not incapable, as defined in section 32-3281.


2. Be in writing.


3. Contain language that clearly indicates that the principal intends to create a
mental health care power of attorney.


4. Except as provided pursuant to subsection C of this section, be dated and signed
or marked by the principal.


5. Be notarized or witnessed in writing by at least one adult who affirms that the
notary or witness was present when the principal dated and signed or marked the mental
health care power of attorney and that the principal appeared to be of sound mind and
free from duress, fraud or undue influence at that time.


B. If a mental health care power of attorney expressly provides that the agent can
admit the principal to a level one behavioral health facility licensed by the department
of health services, each paragraph that grants this authority must be separately
initialed by the principal at the time the mental health care power of attorney is signed
and witnessed.


C. If the principal is physically unable to sign or mark a mental health care power
of attorney, the notary and each witness shall verify on the document that the principal
indicated to the notary or witness that the mental health care power of attorney
expressed the principal's wishes and that the principal intended to adopt the mental
health care power of attorney at that time.


D. A notary or witness shall not be any of the following:


1. A person designated to make medical decisions on the principal's behalf.


2. A professional care provider directly involved with the provision of care to the
principal at the time the mental health care power of attorney is executed.


E. If a mental health care power of attorney is witnessed by only one person, that
person shall not be either:


1. Related to the principal by blood, marriage or adoption.


2. Entitled to any part of the principal's estate by will or by operation of law at
the time that the power of attorney is executed.


F. A mental health care power of attorney may be used as part of or independent of
a health care power of attorney as defined in section 36-3201.