At Boroja, Bernier & Associates, we regularly meet with individuals and families who believe estate planning is something only older adults or those with serious illnesses need to think about. The truth is that unexpected medical emergencies can happen to anyone, regardless of age or health. If you become unable to make your own medical decisions, Michigan law allows someone else to speak on your behalf, but only if you have a legally valid Medical Power of Attorney in place. Without this document, important decisions about your care may end up in the hands of a court or someone you would not have chosen yourself.

A Medical Power of Attorney, known under Michigan law as a Patient Advocate Designation, is a critical part of any estate plan. It ensures that you, not the state, decide who will act for you if you are incapacitated. This document gives peace of mind to you and your loved ones, allowing them to focus on supporting you instead of fighting over who should make medical decisions.

What A Medical Power Of Attorney Does In Michigan

A Medical Power of Attorney allows you to appoint a trusted person, called a patient advocate, to make health care decisions for you if you cannot communicate your wishes. This includes choices about treatment, surgery, end-of-life care, and placement in a nursing facility or hospice.

Under Michigan Compiled Laws (MCL) 700.5506–700.5512, a patient advocate designation must be signed, dated, witnessed by two adults, and accepted in writing by the person you appoint. The designation only takes effect if two doctors or a doctor and a psychologist determine you are unable to make your own decisions. Once in effect, your advocate has the authority you have granted them to work with medical professionals and ensure your wishes are honored.

Why Every Adult Should Have A Medical Power Of Attorney

Emergencies are unpredictable. Car accidents, sudden illness, or unexpected complications during surgery can happen at any age. If you do not have a Medical Power of Attorney:

• Your loved ones may have to petition the probate court for guardianship under MCL 700.5306, a time-consuming and costly process.
• Disputes can arise between family members about what kind of care you would have wanted.
• Medical providers may be legally restricted from sharing information or following instructions from someone not legally designated.

Having a Medical Power of Attorney allows you to take control, protect your privacy, and ensure your values guide your medical care, even if you cannot speak for yourself.

Requirements For A Valid Medical Power Of Attorney In Michigan

Michigan law sets specific requirements for a valid patient advocate designation:

• You must be at least 18 years old and of sound mind when you sign it (MCL 700.5506).
• It must be signed voluntarily and witnessed by two adults who are not your spouse, child, parent, grandchild, sibling, or potential heirs (MCL 700.5507).
• Your patient advocate must accept the responsibility in writing before they can act.
• You can include instructions about life-sustaining treatment and organ donation to guide your advocate’s decisions.

Without meeting these requirements, your document may be challenged or invalidated when you need it most.

Frequently Asked Questions About Medical Powers Of Attorney In Michigan

What Happens If I Do Not Have A Medical Power Of Attorney?

If you have no designation in place and lose decision-making capacity, your loved ones may need to petition the probate court for a guardian to make medical decisions under MCL 700.5306. This can take time and may result in someone you would not have chosen making decisions for you.

Can I Appoint More Than One Person As My Patient Advocate?

You may only appoint one primary advocate, but you can name one or more successors who can step in if your first choice is unavailable or unwilling to serve. This ensures someone you trust is always in place to speak for you.

Can I Change Or Revoke My Medical Power Of Attorney?

Yes. As long as you are mentally competent, you can revoke or update your designation at any time. Revocations should be in writing, signed, and communicated to your health care providers and advocates.

Does My Patient Advocate Have Immediate Authority Once I Sign The Document?

No. A Medical Power of Attorney only becomes active if two physicians, or a physician and a psychologist, determine you are unable to make or communicate informed medical decisions.

Can My Patient Advocate Make End-Of-Life Decisions For Me?

Yes, but only if you have given them that authority in your designation. You can provide specific instructions about life support, resuscitation, and organ donation to guide their choices.

Do I Still Need A Living Will If I Have A Medical Power Of Attorney?

A living will is not legally binding in Michigan, but it can work alongside your Medical Power of Attorney to provide written guidance to your advocate and medical team about your preferences.

Who Should I Choose As My Patient Advocate?

Select someone you trust completely, who understands your values, can handle difficult decisions under stress, and will follow your wishes even if others disagree. Many people choose a spouse, adult child, or close friend.

Call Boroja, Bernier & Associates To Protect Your Health Care Choices

At Boroja, Bernier & Associates, we believe every adult in Michigan should have a Medical Power of Attorney as part of a comprehensive estate plan. It is a simple step that can prevent confusion, protect your rights, and give your family the guidance they need during difficult times.

Contact the Michigan medical power of attorney lawyers at Boroja, Bernier & Associates, to receive a free consultation when you call 586-991-7611. We have offices in Troy and Shelby Township, serving clients throughout Oakland County and Macomb County. Let the experienced attorneys at Boroja, Bernier & Associates help you make sure your health care wishes are respected no matter what the future holds.