Anchor Law Blog

A medical emergency can strike at any time, and when it does, it is critical to have a trusted individual legally empowered to make decisions on your behalf. In Michigan, the most effective legal tool for this purpose is called a Designation of Patient Advocate, also referred to as a Durable Power of Attorney for Healthcare. Anchor Bay Law offers personalized guidance to help clients put this protection in place, thereby ensuring that medical decisions reflect your wishes even when you are no longer able to speak for yourselves.

Michigan law allows any competent adult to name someone they trust as their “patient advocate.” This individual is legally authorized to make healthcare and mental health treatment decisions on behalf of the person who signed the designation, but only after a physician and either another physician or licensed psychologist certifies that the individual is unable to participate in those decisions. The scope of authority can be as narrow or broad as you wish, and it may include decisions about life-sustaining care, psychiatric treatment, and even anatomical gifts after death.

A well-drafted designation can do much more than name a decision-maker. It can also give detailed instructions about the care you wish to receive (or avoid) under certain medical circumstances. This may include specific directions about resuscitation, the use of feeding tubes or ventilators, or end-of-life comfort measures. Mental health treatment decisions are also now included within the scope of the patient advocate’s authority, so long as two professionals certify the individual is unable to give informed consent. This authority can even extend to consenting to the administration of psychiatric medications or to short-term hospitalization under clearly defined circumstances.

Anchor Bay Law ensures that every designation prepared complies with Michigan’s complex legal standards. There are certain requirements regarding the form of the document, who may serve as witnesses, when and how the advocate’s powers are triggered, and what information must be included if the designation allows for the withdrawal of life-sustaining treatment.

To be effective, the patient advocate designation must be signed in front of two disinterested witnesses and accepted by the named advocate in writing, and should be made part of your medical records. Without these steps, the designation may not be honored when it matters most.

Privacy laws like HIPAA can create obstacles unless the designation includes specific language authorizing the advocate to receive medical records and health information. Anchor Bay Law includes HIPAA-release language in all healthcare powers of attorney. Importantly, the designation also includes instructions about organ donation, allowing the advocate to make anatomical gifts after death.

The healthcare power of attorney is not just a medical document, it is a legal directive that sets forth your medical wishes when you can no longer make your medical decisions. In some situations, families or providers may disagree about the advocate’s decisions. Michigan law allows for court intervention in these cases, and Anchor Bay Law drafts documents with the goal of reducing the risk of conflict and litigation.

Whether part of a comprehensive estate plan or as a standalone safeguard, a Durable Healthcare Power of Attorney/Designation of Patient Advocate is one of the most important documents a Michigan adult can have. Anchor Bay Law works with clients of various ages and health backgrounds to ensure their wishes are respected and their voices are preserved in the most vulnerable of moments.

For guidance on putting a Durable Healthcare Power of Attorney/Designation of Patient Advocate in place, contact Anchor Bay Law today to schedule a consultation.