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Michigan Durable Power of Attorney Laws

Explanation of Chart and More Information on Durable Power of Attorney Laws

Code Section §700.5501 et seq. Uniform Durable Power of Attorney Act
Specific Powers, Life-Prolonging ActsDesignation may include statement of patient's desires on care, custody, and medical treatment decisions (effective only when patient is unable to participate in medical treatment decisions); may authorize patient advocate to exercise 1 or more powers concerning patient's care, custody, and medical treatment that patient could have exercised on own behalf. Patient advocate may make decision to withhold or withdraw treatment which would allow patient to die only if patient has expressed in a clear and convincing manner that patient advocate is allowed to do so and that patient acknowledges that such a decision would allow death
Legal Requirements for Durable Power of Attorney(1) 18 yrs.; (2) sound mind; (3) signed in writing; (4) in the presence of and signed by 2 witnesses; (5) proposed patient advocate must sign acceptance; (6) executed voluntarily; (7) made part of patient's medical record before implementation; (8) exercisable only when patient is unable to participate in decisions; (9) cannot be used for pregnant patient
Revocation of Durable Power of Attorney(1) Revocable at any time and in any manner sufficient to communicate intent by patient to revoke; (2) resignation or removal of patient advocate; (3) subsequent designation that revokes prior designation, either expressly or by inconsistency; (4) divorce revokes designation of patient advocate in former spouse; (5) death of patient; (6) order of probate court; (7) occurrence of provision for revocation contained in designation; (8) any current desires of patient are binding on patient advocate
Validity from State-to-State-
If Physician Unwilling to Follow Durable Power of AttorneyPhysician or health care provider is bound by sound medical practice and instructions of patient advocate if patient advocate complies with law
Immunity for Attending PhysicianPerson providing, performing, withholding, withdrawing medical treatment reasonably relying on decisions of patient advocate is liable in same manner and to same extent as if patient had made decision on his or her own behalf

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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