As Michigan attorneys serving families in Troy, Shelby Township, and across Oakland and Macomb Counties, we understand that estate planning is more than just distributing property after death. It is also about protecting personal health decisions during life. One of the most important tools in this process is the healthcare directive. A healthcare directive ensures that a person’s medical wishes are honored if they become unable to speak for themselves. Without one, loved ones may be forced into stressful and emotional decisions without clear guidance, and healthcare providers may be left guessing about the patient’s true intentions.

Michigan law gives individuals the right to control their medical care through legally recognized documents. These directives empower families to avoid disputes, provide certainty during emergencies, and safeguard dignity. Whether facing routine procedures, long-term illnesses, or sudden incapacity, a healthcare directive provides both families and providers with clarity. For those who have not yet prepared one, creating a directive is an essential part of a complete estate plan.

Understanding Michigan Healthcare Directives

In Michigan, healthcare directives are most commonly established through a Patient Advocate Designation (PAD). This document is authorized under Michigan Compiled Laws (MCL) 700.5506 – 700.5512. A PAD allows a person, known as the patient, to appoint another person, known as the patient advocate, to make medical decisions on their behalf if they lose decision-making capacity.

The directive can cover a wide range of healthcare choices, including:

• Consent to or refusal of medical treatment
• Decisions about surgery, medications, or therapy
• End-of-life care, including artificial nutrition or hydration
• Decisions regarding mental health treatment if explicitly granted

Importantly, the patient advocate may only act if a physician or psychologist determines the patient cannot make informed decisions.

Legal Requirements For A Valid Patient Advocate Designation

Michigan law sets specific requirements for a PAD to be valid. Under MCL 700.5507, the designation must be:

• In writing and signed by the patient
• Witnessed by two adults who are not the patient’s family members, heirs, or healthcare providers
• Accepted by the patient advocate, who must also sign the document

A patient advocate must agree to act in accordance with the patient’s wishes, as expressed in the directive or otherwise known. The advocate may not exercise powers until the patient has been deemed incapacitated by a qualified professional.

Benefits Of Healthcare Directives

The benefits of a properly executed healthcare directive are significant:

• Certainty For Families – Loved ones know exactly what care is desired, reducing disputes or guilt.
• Guidance For Providers – Doctors and hospitals can confidently follow documented instructions, ensuring compliance with the patient’s values.
• Legal Protection – Michigan law shields patient advocates from liability if they act in good faith under the directive.
• Comprehensive Estate Planning – A directive works alongside wills, trusts, and powers of attorney to provide a complete plan for both financial and medical matters.

Without a healthcare directive, family members may need to petition the probate court for a guardian to make medical decisions. That process can be time-consuming, costly, and emotionally difficult.

Limits And Safeguards In Michigan Law

Michigan law strikes a balance between individual autonomy and safeguards against abuse. For example, under MCL 700.5510, a patient advocate may not withdraw life-sustaining treatment unless the directive clearly grants that authority and the patient has expressed those wishes in writing. Additionally, the law allows patients to revoke the directive at any time while competent, ensuring continued control.

Courts in Michigan also maintain oversight to address disputes. If family members believe a patient advocate is acting outside the patient’s wishes, they may petition the court for review. These safeguards ensure that directives remain faithful to the patient’s true intentions.

Why Every Estate Plan Should Include A Healthcare Directive

Estate planning is not complete without addressing healthcare decisions. A will or trust only takes effect after death, but medical decisions can become urgent during life. By preparing a healthcare directive, Michigan residents protect themselves and their families from uncertainty.

Including a Patient Advocate Designation as part of an estate plan ensures that loved ones are not left in conflict during medical emergencies. It also gives peace of mind that care will align with personal values and beliefs. For families in Oakland County and Macomb County, this step provides both security and clarity in difficult times.

Frequently Asked Questions About Healthcare Directives In Michigan

What Is A Patient Advocate Designation In Michigan?

A Patient Advocate Designation is a legal document that allows an individual to appoint someone else to make medical decisions if they become incapacitated. It is authorized under Michigan law.

Who Can Serve As A Patient Advocate?

Any competent adult can serve as a patient advocate, provided they agree in writing. The chosen advocate must accept responsibility and promise to act in accordance with the patient’s wishes.

What Decisions Can A Patient Advocate Make?

A patient advocate can make decisions about medical treatment, medications, surgeries, and end-of-life care. However, authority to withdraw life-sustaining treatment must be explicitly granted in writing.

Can A Healthcare Directive Be Changed Or Revoked?

Yes. As long as the individual remains competent, they can revoke or change the directive at any time. Revocation may occur verbally, in writing, or by creating a new directive.

Are Witnesses Required For A Valid Directive?

Yes. Two qualified witnesses must sign the directive. These witnesses cannot be family members, potential heirs, healthcare providers, or employees of the healthcare facility where the patient is receiving treatment.

What Happens If Someone Does Not Have A Healthcare Directive?

Without a directive, loved ones may have to petition the probate court for a guardian to make medical decisions. This process can be stressful and costly, and it may delay urgent care decisions.

Does A Healthcare Directive Cover Mental Health Treatment?

Yes, if explicitly included. Michigan law allows a patient advocate to make decisions about mental health treatment if that authority is granted in the written directive.

Is A Living Will The Same As A Healthcare Directive In Michigan?

No. Michigan law does not formally recognize living wills as binding documents. Instead, the Patient Advocate Designation serves as the enforceable legal instrument for healthcare decisions.

Call Boroja, Bernier & Associates For Peace Of Mind 

At Boroja, Bernier & Associates, we recognize the importance of having clear and enforceable healthcare directives for Michigan families. These documents protect dignity, ensure medical wishes are honored, and give loved ones peace of mind.

To schedule a personalized estate planning consultation with the Michigan estate planning attorneys at Boroja, Bernier & Associates, by calling our law offices at 586-991-7611. With offices in Troy and Shelby Township, we proudly serve clients throughout Oakland County and Macomb County. Let us help build a complete estate plan that includes the protection of a Patient Advocate Designation.