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MICHIGAN LEGAL INFORMATION
Living Will (Advanced Medical Directive)-- Links and Statutes
Notice
The State of Michigan does not specifically have a Living Will or Advance Medical Directive statute. However, Michigan does have a statute allowing for the designation of a health care "advocate" who may make decisions on behalf of the maker should he or she become incapable of participating in his or her own health care decisions. Thus, the below information relates to the naming of a health care "advocate" under Michigan law. Also, there is nothing in Michigan law that prevents an individual from executing a Living Will form as used in other states and combining that declaration with a naming of a health care advocate. The standard MedLawPlus.comŽ form combines both a Living Will declaration with the naming a health care agent or advocate.
Health Care Advocates
Witnesses: Two witnesses are necessary to the signature of the maker;
Who may be a witness? Under Michigan law, a witness to patient advocate designation "shall not be the patient's spouse, parent, child, grandchild, sibling, presumptive heir, known devisee at the time of the witnessing, physician, or patient advocate or an employee of a life or health insurance provider for the patient, of a health facility that is treating the patient, or of a home for the aged as defined in section 20106 of the public health code, 1978 PA 368, MCL 333.20106, where the patient resides. A witness shall not sign the designation unless the patient appears to be of sound mind and under no duress, fraud, or undue influence."
Michigan Statutes, MCL Section 700.5506(3).
Notary: There is no express provision in the Michigan statutes requiring that the naming of a health care advocate be notarized; however, it is highly recommended that your document be notarized to ensure that it is accepted by medical personnel in an emergency situation;
Must health care advocate sign form? Yes, there is a very specific acknowledgement that the patient advocate must execute before the designation takes effect.
See MCL Section 700.5506(3).
Michigan Statutes containing health care proxy requirements: MCL Act 386 of 1998, PART 5.
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DISCLAIMER
The above is provided for informational purposes only and is NOT to be relied upon as legal advice. This service is not a substitute for the advice of an attorney and we encourage users to have all documents created on our site reviewed by an attorney. No attorney-client relationship is established by use of our online legal forms system and the user is not to rely upon any information found anywhere on our site. THESE FORMS ARE SOLD ON AN "AS IS" BASIS WITH NO WARRANTIES OR GUARANTIES. If you wish personal assistance in deciding whether the document found on our site is right for you or desire representations and warranties upon the legality of the document you are purchasing in the jurisdiction you will be using it, contact an attorney licensed to practice law in your state.
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