Living Wills – General – Michigan
ALL REFERENCES ARE TO THE MICHIGAN COMPILED LAWS
DESIGNATION OF PATIENT ADVOCATE
(§§ 700.5501 through 400.55200)
An individual 18 years of age or older who is of sound mind at the time the designation is made may designate in writing another individual who is 18 years of age or older to exercise powers concerning care, custody, and medical treatment decisions for the individual making the designation.
The designation must be in writing, voluntarily signed, witnessed and made part of the patient’s medical record with the patient’s attending physician and, with the facility where the patient is located. The designation must include a statement that the authority conferred is exercisable only when the patient is unable to participate in medical treatment decisions.
The designation must be executed in the presence of and signed by 2 witnesses. A witness may not be the patient’s spouse, parent, child, grandchild, sibling, presumptive heir, known devisee at the time of the witnessing, physician, or patient advocate or an employee of a life or health insurance provider for the patient, of a health facility that is treating the patient, or of a home for the aged where the patient resides.
A witness must not sign the designation unless the patient appears to be of sound mind and under no duress, fraud, or undue influence.
A patient may designate in the designation a successor individual as a patient advocate who may exercise powers concerning care, custody, and medical treatment decisions for the patient if the first individual named as patient advocate does not accept, is incapacitated, resigns, or is removed.
Before acting as a patient advocate, the proposed patient advocate must sign an acceptance of the designation.
The authority under a patient advocate designation is exercisable by a patient advocate only when the patient is unable to participate in medical treatment decisions. The patient’s attending physician and another physician or licensed psychologist shall determine upon examination of the patient when the patient is unable to participate in medical treatment decisions, shall put the determination in writing, shall make the determination part of the patient’s medical record, and shall review the determination not less than annually.
A patient advocate designation is revoked by any of the following:
The patient’s death.
An order of removal by the probate court under § 5511(4).
The patient advocate’s resignation or removal by the court, unless a successor patient advocate has been designated.
The patient’s revocation of the designation.
Even if the patient is unable to participate in medical treatment decisions, a patient may revoke a designation at any time and in any manner by which he or she is able to communicate an intent to revoke the designation.
A subsequent designation that revokes the prior designation either expressly or by inconsistency.
If a designation is executed during a patient’s marriage naming the patient’s spouse as the patient advocate, the designation is suspended during the pendency of an action for separate maintenance, annulment, or divorce and is revoked upon the entry of a judgment of separate maintenance, annulment, or divorce, unless the patient has named a successor individual to serve as a patient advocate.
A patient advocate cannot make a medical treatment decision to withhold or withdraw treatment from a pregnant patient that would result in a pregnant patient’s death.
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