A Michigan medical power of attorney, or a healthcare power of attorney, is a legal document that enables one person, called the principal, to authorize another person, called the agent, or the attorney-in-fact, to make healthcare decisions on their behalf.
The principal should issue a medical power of attorney in situations where they are diagnosed with a terminal illness or are facing a life-threatening medical procedure.
However, many people choose to draft the medical power of attorney even without the immediate necessity in order to have someone make decisions about their healthcare in case they become incapacitated.
Laws and Legal Requirements for a Medical Power of Attorney in Michigan
Laws and Legal Requirements
386-1998-V-5 of the Michigan Compiled Laws regulates the status of medical power of attorney in Michigan.
Section 700.5501 regulates the signing requirements. It provides that the notary can sign a power of attorney on behalf of the principal if the principal is unable to sign.
The document should also be acknowledged by at least two witnesses who will confirm that the principal has a sound mind and is willingly signing a power of attorney.
Section 700.5510 provides that the power of attorney will remain effective until the principal revokes it or until they pass away. The principal can revoke the power of attorney at any time, both verbally and in written form.
How to Write a Medical Power of Attorney in Michigan
To make a valid and effective medical power of attorney, your document must be in line with Michigan state laws and regulations.
The following section provides a comprehensive guide on how to draft a valid and effective medical power of attorney.
How to Write a Medical Power of Attorney
#1. Access the Medical Power of Attorney Form
Here, you can find the Michigan medical power of attorney template. All you have to do is fill it out using our advanced document builder, which will guide you through the whole process.
It will provide you with all the necessary information about every section of the document you are filling out. This will help you set your preferences for the medication or treatment you want or don’t want to be subjected to.
#2. Appoint a Healthcare Representative
This is your agent or attorney-in-fact. By appointing them as your healthcare representative, you are authorizing them to make important decisions about your healthcare. Therefore, you should choose someone of legal age with the legal capacity to act.
Moreover, you should choose someone trustworthy, considering the importance of their authority. You can choose your spouse, a blood relative, a friend, or any other trusted advisor.
Here, you should also include the medical power of attorney rights and limitations and define your agent's scope of authority.
#3. Identify an Alternative Healthcare Representative
The alternative healthcare representative, or secondary agent, is a person who acts only in case the primary healthcare representative is not able to represent you. This can happen if they lose their legal capacity, pass away, or are in some other way unable to represent the principal.
You can name one or more people as your secondary agents. The secondary agent should fulfill the same requirements as the primary agent.
#4. Identify the Witnesses and Have Them Sign the Form
Once you have completed the medical power of attorney form, you should print and sign it.
According to state law, there should be at least two witnesses who acknowledge the power of attorney. The witnesses should be adults with the legal capacity to act.
#5. Notarize the Form
Finally, you should have the notary public acknowledge the medical POA. This will provide additional security for all the parties involved and prevent potential fraud.