Durable Power Of Attorney For Health Care (Page 2 of 15) in pdf

QUESTIONS AND ANSWERS

Advance Directive for Health Care

1. What is an “advance directive”?

An advance directive is a written document in which a competent individual gives instructions about his

or her health care, that will be implemented at some future time should that person lack the ability to

make decisions for himself or herself.

2. Must I have an advance directive?

No. The decision to have an advance directive is purely voluntary. No family member, hospital, or

insurance company can force you to have one, or dictate what the document should say if you decide

to write one.

3. Are there different types of advance directives?

Yes. There are three types: a durable power of attorney for health care, a living will, and a do-not-

resuscitate order. Living wills are not recognized in Michigan statute. However, in case of a dispute as

to your health care desires, your written or oral statements regarding your wishes pertaining to health

care or the withdrawal or refusal of treatment may be used as evidence in court, if you are unable to

participate in health care decisions.

You may wish to consult an attorney for further information

regarding durable powers of attorney or living wills.

4. What is a “durable power of attorney for health care”?

A durable power of attorney for health care, also known as a health care proxy, is a document in which

you give another person the power to make medical treatment and related personal care and custody

decisions for you.

5. Is a durable power of attorney for health care legally binding in Michigan?

Yes, based on a state law passed in 1990, called the Designation of Patient Advocate (PA 312 of 1990,

later repealed/replaced by Article V, Part 5 of PA 386 of 1998).

6. Who is eligible to create a durable power of attorney for health care?

Anyone who is 18 years of age or older and of sound mind is eligible.

7. What is the title of the person to whom I give decision-making power?

That person is known a “patient advocate.”

8. Who may I appoint as a patient advocate?

Anyone who is 18 years of age or older may be appointed. You should choose someone

you trust who can handle the responsibility and who is willing to serve.

9. Does a patient advocate need to accept the responsibility before acting?

Yes, he or she must sign an acceptance. This does not have to be done at the time you sign the

document. Nevertheless, you should speak to the person you propose to name as patient advocate to

make sure he or she is willing to serve.

Durable Power Of Attorney For Health Care Page 2