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A Michigan living will, also known as an advance directive, is a legal document that you complete to explain your wishes related to healthcare. This document is relied upon in the event that you are no longer able to make your own medical decisions. A Michigan living will is also used for the designation of a patient advocate to make healthcare decisions if you are incapacitated. The person named must be at least 18 years old. Michigan has a state law that authorizes the use of a living will. There is also a federal law that creates the right for patients to have one in place to make future healthcare decisions. Your Michigan living will must be signed by two witnesses to be declared legally valid.
A living will is an estate planning tool used to make difficult decisions easier for your loved ones. It can be used to explain your decisions related to anatomical gifts, a DNR order (do-not-resuscitate order which explains your issues related to cardiopulmonary resuscitation), organ donation, and medical treatment. Without having one in place, decisions about your health care could be made by a court decision, by family members, or by your doctor if you are in a nursing home. Under Michigan law, a living will is not the same as a power of attorney, medical power of attorney, or durable power of attorney. Generally, a power of attorney or durable power of attorney is used for mental health care while a living will is used for physical conditions for which you are declared incapacitated and there is no cure or recovery. If you are interested in using a power of attorney of some kind, you should seek legal advice.
§ 333.5651 through § 333.5661: Michigan law states that the physician must give a summary of the condition of the patient to the surrogate. The law also states that a copy of the signed living will should be kept in the patient’s medical record.
When preparing your estate plan, you should also use a Michigan last will and testament.
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