According to Michigan Statute, an adult may prepare a written statement known as a Advance Directive to control the health care treatment decisions that can be made on that person behalf
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Health Care Power of Attorney designating a patient advocate to make health care decisions for a principal. LHM provides Michigan Advance Health Care Directive, Living Will (Health Care Directive to Physician) |
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According to Michigan law, an advance health care directive means a witnessed written document in which instructions are given by a principal or in which the principal's desires are expressed concerning any aspect of the principal's health care.
Michigan State law allows for two different Advance Health Care Directives:
Legal Helpmate® provides you with two options 1) The Premium Package - Michigan Advance Health Care Directive contains the following documents:
THIS ADVANCE HEALTH CARE DIRECTIVE IS NOT VALID UNLESS IT IS SIGNED IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES. THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES: (1) the person designated by the Principal as your agent;(2) a person related to the Principal by blood or marriage; (3) a person entitled to any part of the Principal’s estate after the Principal’s death under a will or codicil executed by the Principal or by operation of law; (4) the Principal’s attending physician; (5) an employee of the Principal’s attending physician; (6) an employee of a health care facility in which the Principal is a patient if the employee is providing direct patient care to the Principal or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility; or (7) a person who, at the time this power of attorney is executed, has a claim against any part of the Principal’s estate after his or her death. LIVING WILL (HEALTH CARE DIRECTIVE TO PHYSICIAN) Michigan Living Will sets out medical treatments you choose to have, as well as the procedures or treatments you do not want to have in some or all circumstances.A person of sound mind and 18 or more years of age may execute a living will declaration (Michigan Health Care Directive to Physician) governing the withholding or withdrawal of life sustaining treatment. In Michigan Health Care Directive to Physician (Living Will) you may address other important health care issues such as: cardiac resuscitation, artificial nutrition and hydration, comfort care and relief from pain, intravenous tube feeding, blood transfusion, prolonged maintenance on respirator, organ donation, or state your personal values with regards to the end of life decisions. Michigan living will declaration becomes operative when it is communicated to the attending physician and the declarant is determined by the attending physician to be in a terminal condition and no longer able to make decisions regarding administration of life sustaining treatment. When the living will declaration becomes operative, the attending physician and other providers of health care shall act in accordance with its provisions and with the instructions of a person designated pursuant to NRS 449.600 to make decisions for the patient. The living will declaration is not required to be in the statutory form. This directive is effective until you (the Principal) revoke it. POWER OF ATTORNEY FOR HEALTH CARE (MEDICAL POWER OF ATTORNEY) You have the right to make decisions about your health care. No health care may be given to you over your objection, and necessary health care may not be stopped or withheld if you object.Because your health care providers in some cases may not have had the opportunity to establish a long-term relationship with you, they are often unfamiliar with your beliefs and values and the details of your family relationships. This poses a problem if you become physically or mentally unable to make decisions about your health care. In order to avoid this problem, you may sign this legal document to specify the person whom you want to make health care decisions for you if you are unable to make those decisions personally. According to Michigan law an individual 18 years of age or older who is of sound mind at the time a patient advocate 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 or mental health treatment decisions for the individual making the patient advocate designation. Such document is called a Power of Attorney for Health Care (Medical Power of attorney). A person that makes health care decisions for you is called a patient advocate, or a health care agent. Michigan Power of Attorney for Health Care must be in writing, signed, witnessed, dated, executed voluntarily, and, before its implementation, made part of the patient's medical record with, as applicable, the patient's attending physician, the mental health professional providing treatment to the patient, the facility where the patient is located, or the community mental health services program or hospital that is providing mental health services to the patient. Michigan Power of Attorney for Health Care is an important legal document. It gives your agent (patient advocate) broad powers to make health care decisions for you. The Michigan Power of Attorney for Health Care revokes any prior power of attorney for health care that you may have made. If you wish to change your power of attorney for health care, you may revoke this document at any time by destroying it, by directing another person to destroy it in your presence, by signing a written and dated statement or by stating that it is revoked in the presence of two witnesses. If you revoke, you should notify your patient advocate, your health care providers and any other person to whom you have given a copy. If your patient advocate is your spouse and your marriage is annulled or you are divorced after signing this document, the document is invalid. You may also use this Michigan Power of Attorney for Health Care to make or refuse to make an anatomical gift upon your death. If you use this Michigan Power of Attorney for Health Care to make or refuse to make an anatomical gift, this document revokes any prior document of gift that you may have made. You may revoke or change any anatomical gift that you make by this Michigan Power of Attorney for Health Care by crossing out the anatomical gifts provision in this legal document. You should take some time to discuss your thoughts and beliefs about medical treatment with the person or persons whom you have specified. You may state in this document any types of health care that you do or do not desire, and you may limit the authority of your health care advocate. If your patient advocate is unaware of your desires with respect to a particular health care decision, he or she is required to determine what would be in your best interests in making the decision. A patient advocate (agent) shall not receive compensation for the performance of his or her authority, rights, and responsibilities, but a patient advocate may be reimbursed for actual and necessary expenses incurred in the performance of his or her authority, rights, and responsibilities. It is suggested that you keep the original of this document on file with your physician. If there is something you do not understand about these legal documents you should consult an attorney. Before signing this Michigan Health Care Directive you need to discuss your treatment with your physician in as many details as possible, and consider types of treatments that you want/do not want to be performed for you when you are unable to express your wishes because of your illness. Please make sure to state clearly particular treatments you want or do not want. |
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