Any adult may execute a power of attorney for a disabled principal enabling the attorney in fact named in the power of attorney to make decisions concerning principal health care
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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.
Do not sign this document unless you clearly understand it.
It is suggested that you keep the original of your ower of Attorney for Health Care on file with your physician.
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To better understand the health care and pecuniary related issues our legal articles, frequently asked questions, facts and other law related information may be of interest to you.
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