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The advance directive in Michigan is a legal document that allows a person to make important decisions about their medical care as part of their advance care planning. This document can include a durable power of attorney (medical power of attorney), a living will, a Do-Not-Resuscitate (DNR) order, and a declaration of anatomical gift.
Through these documents, individuals can express their preferences for medical treatment in various situations, including whether they want life-saving measures or who they wish to make decisions on their behalf if they become unable to communicate.
Signing Requirements for Michigan Advance Health Care Directive
The signing requirements for an advance directive, defined in Michigan compiled law in Section 700.5506 as a “patient advocate designation,” are as follows:
Signing Requirements for Michigan
Eligibility. The individual making the designation must be at least 18 years old and of sound mind when signing.
Written designation. The patient advocate designation must be in writing, dated, signed by the individual making the designation, and executed voluntarily. Additionally, the designation must be included in the patient's medical record before implementation.
Witnessing requirement. The designation must be executed in the presence of (and signed by) two witnesses who must confirm that the patient is of sound mind and is acting without duress, fraud, or undue influence.
The following individuals cannot serve as witnesses:
The patient's spouse, parent, child, grandchild, sibling, or presumptive heir.
A known device (someone designated to inherit).
The patient's physician or patient advocate.
An employee of:
The patient's life or health insurance provider
The health facility treating the patient
A community mental health services program or hospital provides services to the patient
Michigan Advance Health Care Directive Revocation & Changing
Michigan advance directive becomes effective when the patient loses the capacity to make informed decisions on their own. This capacity is evaluated by their attending physician and either another physician or a licensed psychologist.
According to Section 700.5510, an advance directive for health care will be revoked if:
Directive Revocation and Changes
The patient’s death, except in cases where the designation involves organ donation
A court removes the patient agent by order
The patient cancels the designation, either verbally or in writing
A new designation is made, which automatically revokes the previous one
If the patient’s spouse was named as an agent, the health care advance directive is suspended and fully revoked upon the final judgment unless a successor is named.
Additional Legal Considerations for Michigan Advance Health Care Directive
As stated in Section 700.5509(2), if the patient regains the ability to make their own medical or mental health treatment decisions, the authority of Michigan health care proxy is suspended. If the patient is later determined to be unable to make decisions again, the patient proxy’s authority will be restored.
Section 700.5511 specifies that health care providers need to follow good medical practices and the agent’s instructions as long as an agent is acting within Michigan law. However, if an agent doesn’t stick to legal procedures, providers aren’t obligated to follow their directions.
When it comes to mental health treatment, professionals should respect the patient’s wishes, but they can choose not to comply if the requested treatment:
Isn’t standard or available
Breaks the law or goes against a court order
Could endanger the patient or others
A patient can choose to waive their right to revoke the designation of an agent for mental health decisions, and that must be part of the advance directive form. If the patient later decides to revoke the designation, any mental health treatment can only continue for up to 30 days, according to Section 700.5520.
How to Choose a Health Care Agent in Michigan
Choosing a health care agent in Michigan means selecting someone you completely trust to act on your behalf and in your best interest. This could be a family member, a close friend, or someone you rely on, as long as they are at least 18 years old and of sound mind.
Keep in mind that certain individuals, like your health care provider or their staff, can’t serve as your agent. When picking an agent, think about how well they understand your values, can communicate your wishes, and will act under pressure.
What Happens if You Don’t Have an Advance Directive in Michigan?
If you don't have an advance directive in Michigan, there will be no formal documentation of your preferences regarding medical care. In this case, without an appointed health care proxy, medical decisions may not reflect your wishes.
Instead, healthcare providers will typically follow standard medical practices to determine the best course of action based on the specific situation. Doctors will propose treatment options based on established medical guidelines, but the final decision will often be made by family members, close friends, or appointed guardians.
As a result, your medical care may not align with your preferences, which is why having an advance directive is a good choice for ensuring your wishes are followed.