Medical Power of Attorney in Michigan

Michigan calls it a 'patient advocate designation.' A person 18 or older of sound mind may name another adult (the patient advocate) to make care, custody and medical or mental health treatment decisions, and may also authorize anatomical gifts. It must be in writing, signed, dated, executed voluntarily, and include a statement that the authority applies only when the patient cannot participate in treatment decisions. It must be signed in the presence of two witnesses, who may not be the patient's spouse, parent, child, grandchild, sibling, presumptive heir, known devisee, physician or patient advocate, or an employee of the patient's life or health insurer, treating health facility, home for the aged or mental health provider.

Michigan uses a patient advocate designation. An adult of sound mind may name another adult to make care, custody, and medical or mental health treatment decisions when the patient cannot participate in those decisions. It must be in writing, signed, dated, voluntary, and signed by two witnesses who are not the patient's spouse, parent, child, grandchild, sibling, presumptive heir, known beneficiary, physician, or patient advocate, or an employee of the patient's insurer, treating facility, or similar provider. It must be placed in the patient's medical record before it is used.

Michigan's advance directive law is built around the patient advocate designation (MCL 700.5506 to 700.5515) rather than a separate statutory living will form. Written wishes about care and treatment, including life-sustaining treatment, are usually included in the patient advocate designation, which must be in writing, signed, dated, executed voluntarily and witnessed by two qualified witnesses, and must be made part of the medical record before it is used.

Michigan has a "Michigan Statutory Form Power of Attorney" for finances and property under the Uniform Power of Attorney Act (MCL 556.401); it does not authorize health care decisions. A power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction). To be durable it must either be acknowledged before a notary public or be signed in the presence of 2 witnesses who also sign; a witness may not be an agent named in the power, and one witness may also be the notary (MCL 556.205). For health care, a patient advocate designation must be in writing, signed, dated, executed voluntarily, and executed in the presence of and signed by 2 witnesses; a witness cannot be the patient's spouse, parent, child, grandchild, sibling, presumptive heir, known devisee, physician or patient advocate, or an employee of the patient's life or health insurer or of a treating health facility, among others (MCL 700.5506).