Michigan Living Wills and Patient Advocate Designations: What You Need to Know

Creating a Michigan patient advocate designation and living will is an important estate planning step.

Why do you need a living will and power of attorney for health care (called a patient advocate designation in Michigan)?

If you become unable to direct your own medical care because of illness, an accident, or advanced age, the right legal documents are your lifeline. When you don't write down your wishes about the kinds of medical treatment you want and name someone you trust to oversee your care, these important matters can be placed in the hands of estranged family members, doctors, or sometimes even judges, who may know very little about what you would prefer.

What are health care forms called in Michigan?

There are two basic kinds of health care documents that everyone should make. First, you'll need a document naming a trusted person to direct your health care if you are unable to do so yourself. This document is commonly called a power of attorney. In Michigan, the official name for this form is a patient advocate designation.

Second, you should make a document setting out the types of medical treatment you would or would not like to receive in certain situations. This document is usually known as a living will. Michigan is one of just three states without a statute authorizing living wills, but that doesn't mean you should do without one. Federal law gives you the right to direct your medical care, and a living will provides important guidance to help others understand your treatment wishes. In Michigan, some people make a separate living will document, while others include detailed health care instructions in their patient advocate designation.

Who makes health care decisions for me in Michigan?

In Michigan, the person you name to make decisions for you is called your patient advocate. Most people name a spouse, partner, relative, or close friend as their patient advocate. Under Michigan law, your patient advocate must be at least 18 years old.

What else do I need to know about choosing a patient advocate in Michigan?

When choosing your patient advocate, the most crucial criteria are trustworthiness and dependability. You might also want to choose someone you think will be good at asserting your health care wishes if others argue against them -- that is, someone who is persistent or calm under pressure.

While you need not name someone who lives in Michigan, the person you name should at least be willing and able to travel to your bedside if necessary.

Your patient advocate will begin to make health care decisions for you when you lack the capacity to do so. For more information, see Nolo's article Living Wills and Powers of Attorney for Health Care: How They Work.

Do I need a lawyer to make health care documents in Michigan?

You usually don't need a lawyer to prepare documents directing your health care. In fact, state governments have designed these forms for people to complete on their own by filling in the blanks. You can find the health care forms you need for Michigan in Nolo's Quicken WillMaker Plus software. The software includes detailed instructions for completing your documents and meets all Michigan legal requirements.

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