Michigan Durable Power of Attorney for Health Care

In Michigan, power of attorney for health care is called a Durable Power of Attorney for Health Care. This legal maneuver allows you to designate another individual to make healthcare decisions on your behalf if you become legally incapacitated.

Under Michigan durable power of attorney in health care, you may decide which health care choices your representative (called your “patient advocate”) is allowed to make for you. You have the option of allowing your patient advocate to make all decisions for you, or you can specify the only types of procedures or treatments you wish to be carried out on your behalf.

Requirements

Your Durable Power of Attorney for Health Care form must be signed and dated by you and two witnesses. If you are unable to sign, a witness may sign for you if you are present and if the witness has your permission. Neither of the witnesses may be a spouse, immediate family member, or a health care employee who cares for you.

When Your Durable Power of Attorney for Health Care Goes Into Effect

The Durable Power of Attorney for Health Care will go into effect if your physician determines that you are no longer able to make decisions concerning your health care.

Put Any Specific Wishes in Writing

Your Durable Power of Attorney for Health Care authorizes your patient advocate to make all decisions regarding your health care in accordance with your wishes and within the bounds of the law. If you have specific instructions for your patient advocate, put them in writing to assure your specific requests are carried out.

Treatments and Procedures

If you do not limit the health care decisions your patient advocate can make for you, your patient advocate will have the authority to make determinations on:

  • All procedures, treatments, and/or medications that are proposed for you, including approval of any tests to be performed and whether or not to place you on life-support equipment if that time comes
  • Selection of doctors that treat you
  • Deciding whether or not you will be resuscitated in the event you stop breathing or your heart stops

Michigan Durable Power of Attorney for Health Care Form

The state of Michigan provides no single required form, but the Michigan State Bar does offer a recommended version here. Additionally, if you have more questions about your decision to create durable power of attorney for health care, be sure to consult an experienced Michigan elder law attorney or Michigan estate planning attorney.