Advance Directives

A Durable Power of Attorney for Health Care is a legal document in which you appoint an advocate to make medical decisions for you if you're unable to make them for yourself.

A living will is a document that lists the kinds of medical treatments you would want — and which you don't want — if you became terminally ill. Living wills are not authorized by Michigan law.

No. It's up to you to decide if you want to have an Advance Directive. It's against the law for health care providers or insurance companies to require an Advance Directive as a condition of treatment or health coverage.

Anyone at least 18 years old and legally competent can create a durable power of attorney for health care.

You pick someone you trust, who is at least 18 years old, to be your patient advocate. Then you fill out the form in person with two witnesses. Then you and the witnesses sign the form. Under Michigan law, a doctor does not have to honor your Durable Power of Attorney for Health Care form unless two witnesses sign the form.

Your advocate starts to make decisions for you only when your attending doctor and another doctor or a licensed psychologist believe you can no longer make decisions for yourself. Your advocate has the authority to work with your doctors to make the same decisions you would make if you could. These decisions are listed in your Durable Power of Attorney for Health Care form.

Your witnesses must be at least 18 years old. Under Michigan law, these people cannot be your witnesses: your spouse, parent, child, grandchild, brother or sister. Also someone who benefits under your will cannot be a witness. Your patient advocate and your doctor cannot be a witness. Someone who works for your life insurance company or your health insurance company cannot be a witness. Someone who works for a health care facility where you receive treatment cannot be a witness. Someone who works for the home for the aged where you live cannot be a witness. And someone who works for a community mental health program or hospital where you receive mental health servies cannot be a witness.

The person you list as your advocate must agree to his or her rights and responsibilities by signing the Acceptance by Patient Advocate form. If your advocate does not sign the form, your Durable Power of Attorney for Health Care may not be followed. It's a good idea to make this form and the Durable Power of Attorney for Health Care form part of your medical record at the same time.

No, you only need to fill out the form, sign it and have two witnesses sign it. If you have questions, you may want to get advice from your attorney or an attorney who knows about probate law or elder law.

Only if you wish. Other versions of the form are available through hospitals and attorneys. The form provided is for use in Michigan only. Other states have different Advance Directive forms.

With your written permission, your advocate can make decisions about routine care like eating and taking medications. Your advocate can also decide whether you receive care in a nursing home, an assisted living apartment or from home health aides in your own home.

Yes, because they are considered life-sustaining treatments. If you want your advocate to withhold these treatments, you must list your wishes and agree that you understand that withholding these treatments could allow you to die.

Yes. The Patient's Advance Directive includes a checklist where you can say which treatments you want and which you don't want. You can also list more instructions on a separate sheet of paper and attach it to the form.

No. The person you name in a Durable Power of Attorney for Health Care can only make health care decisions. If you want to name someone to handle your financial or legal affairs, you should ask an attorney.

When you first visit your doctor, he or she will ask you if you have an Advance Directive. If you do, give a copy to your doctor so it can be placed with your medical records. This is a good time to talk about your Advance Directive with your doctor and to ask questions. Also, give a copy to your patient advocate and alternate advocate. You should also give a copy to family members and anyone else who should know about your decision to have a patient advocate.

You can file an Advance Directive with your doctor at any time. Simply take a copy of your Advance Directive with you on your next visit to your doctor. Tell your doctor you want to add your Advance Directive to your medical record. If you have an old one on file, ask your doctor to destroy it.

Yes. You can cancel it at any time and make changes in any way you can communicate your wishes. You can also name a different patient advocate or change your wishes about your medical care by filling out and signing a new Durable Power of Attorney for Health Care form.

If you believe your advocate is not acting according to your wishes, you can file a petition with the probate court in the county where you live.

You can discuss your Advance Directive and your wishes with your doctor. You can also contact us.