How do I create an advance healthcare directive in Michigan?

Question

Accepted Answer

1. Types Recognized   Michigan is unique: it recognizes (a) the Designation of Patient Advocate under MCL 700.5506-5520 (Michigan's healthcare power of attorney), (b) MI-POST (Michigan Physician Orders for Scope of Treatment) signed by physician, and (c) DNR (MCL 333.1051). Michigan has NO statutory living will — Michigan courts have not enforced standalone living wills, though they may serve as evidence of patient wishes.    2. Statutory Form   The Designation of Patient Advocate has no mandatory statutory form, but MCL 700.5506 requires specific content. The State Bar of Michigan and Michigan Health & Hospital Association distribute model forms.    3. Execution Formalities   Principal must be 18+ and of sound mind. Sign in the presence of TWO adult witnesses who also sign (MCL 700.5506(4)). Witnesses cannot be: the patient advocate, the principal's spouse/parent/child/grandchild/sibling, presumed heir or known devisee, the attending physician, or employee of life or health insurer of the principal. NO notary required.    4. Patient Advocate Authority   Under MCL 700.5509, the patient advocate may make decisions when the principal is "unable to participate in medical treatment decisions" as certified by attending physician and another physician/psychologist. To authorize withholding/withdrawing of treatment that would allow death, the designation MUST expressly so state and the advocate must sign an acceptance form acknowledging this responsibility (MCL 700.5507).    5. Pregnancy Clauses   Michigan's statute is silent on pregnancy — no statutory pregnancy exclusion.    6. Reciprocity   MCL 700.5515 honors designations executed under the laws of other states.    7. MI-POST   MI-POST is a physician-signed order portable across care settings (MCL 333.5673-5683), used for seriously ill patients.    8. Revocation   Under MCL 700.5510, revocable at any time by: communicating intent to revoke to the patient advocate or healthcare provider (oral or written), executing a written revocation, or a divorce/annulment (which revokes spouse-advocate).    9. Default Surrogate   Michigan has NO statutory surrogate hierarchy. Without a designated patient advocate, hospitals often follow informal family-consensus practices, and serious disputes may require petition for guardianship under MCL 700.5306.  This is legal information, not legal advice.