At Boroja, Bernier & Associates, we work every day with individuals and families across Oakland and Macomb Counties who want to plan ahead with confidence. One of the most important tools we recommend to clients is a medical power of attorney. In Michigan, this legal document gives someone you trust the authority to make medical decisions on your behalf if you become unable to speak for yourself. Without this document in place, your loved ones could face confusion, delays, or even legal battles when critical decisions need to be made. Creating a medical power of attorney ensures your health care preferences are honored and the right person is empowered to act in your best interest.
Understanding What A Medical Power Of Attorney Does In Michigan
Under Michigan law, a medical power of attorney is formally known as a “designation of patient advocate.” It is governed by the Michigan Estates and Protected Individuals Code (EPIC), specifically MCL 700.5506 through MCL 700.5520. This legal tool allows you to name a patient advocate who can step in if you are incapacitated or otherwise unable to express your medical wishes. This person can make decisions about treatments, procedures, and even end-of-life care based on your expressed wishes or their understanding of what is best for you.
The law requires that you be of sound mind when you sign the document and that the patient advocate also accepts the role in writing. It must also include language that clearly allows the advocate to make decisions, including the ability to withhold or withdraw life-sustaining treatment. Without this clear authorization, medical providers may be limited in what they can do, even if your loved ones know what you would have wanted.
Why Every Adult In Michigan Should Have A Medical Power Of Attorney
Life is unpredictable. A car accident, serious illness, or sudden surgery could leave you unable to speak for yourself. In those moments, having a medical power of attorney ensures decisions are made according to your values and instructions—not just what doctors or distant relatives assume you would want.
In Michigan, if you do not have this document and become incapacitated, your family might have to go through probate court to appoint a guardian. This process can be time-consuming, expensive, and emotionally difficult. It can also lead to disagreements between family members about what should happen. With a patient advocate designation, you are choosing someone now so they can act quickly and with confidence if needed.
What To Include In Your Michigan Medical Power Of Attorney
We work closely with each client to make sure their document is tailored to their personal wishes and complies with Michigan law. Some of the key elements we include are:
- The full name and contact information of your chosen patient advocate
- A statement confirming your advocate’s authority to make medical decisions
- Provisions related to specific treatments you want or do not want
- Authorization for your advocate to access your medical records under HIPAA
- Signatures from you and two witnesses who are not related or named in the document
We also encourage clients to discuss their preferences with their chosen advocate and family members so that everyone is aware of the plan.
Keeping Your Documents Accessible And Updated
Once your medical power of attorney is signed, we recommend keeping multiple copies in safe but accessible places. Give a copy to your advocate, your primary care doctor, and keep one with your estate planning documents. You should also review your document every few years or any time you experience a major life change such as a marriage, divorce, or diagnosis of a serious illness. Our firm helps clients update these documents regularly to ensure they continue to reflect current wishes.
Frequently Asked Questions About Medical Power Of Attorney In Michigan
Who Can Be Named As A Patient Advocate In Michigan?
Under Michigan law, you can name any competent adult as your patient advocate. This could be a spouse, adult child, friend, or another trusted person. The person must be willing to accept the role in writing. It is important to choose someone who understands your values and will follow your instructions even under pressure.
Can I Appoint More Than One Person As My Advocate?
You may appoint a successor advocate who would take over if your first choice is unable or unwilling to serve. However, Michigan law does not allow multiple advocates to act at the same time unless one is designated as a backup. This helps avoid conflicts in emergency situations.
Does A Medical Power Of Attorney Cover Financial Decisions?
No, it does not. A medical power of attorney only covers health care decisions. To authorize someone to manage your finances, you would need to create a durable financial power of attorney, which is a separate legal document.
What Happens If I Do Not Have A Medical Power Of Attorney?
If you become unable to make your own medical decisions and have not designated a patient advocate, your loved ones may need to go to probate court to request the appointment of a guardian. This can delay medical care and may result in someone being appointed who you would not have chosen.
Is A Living Will The Same As A Medical Power Of Attorney?
A living will states your wishes about end-of-life care but does not authorize anyone to act on your behalf. A medical power of attorney gives legal authority to your advocate to carry out your wishes. In Michigan, a living will is not a substitute for a patient advocate designation.
Talk To Boroja, Bernier & Associates About Creating A Medical Power Of Attorney
At Boroja, Bernier & Associates, we believe every adult should have a plan in place for medical decision-making. We help individuals and families in Troy, Shelby Township, and throughout Oakland and Macomb Counties create legally sound documents that reflect their values and protect their wishes.
Our law firm is here to help you take this important step. Contact our Shelby Township Medical Power of Attorney lawyers by calling 586-991-7611 to schedule your consultation with our team. We proudly serve clients across Oakland County and Macomb County in Michigan.
