Understanding Advance Healthcare Directives

When it comes to planning for the future, many people focus on wills, trusts, and financial matters. Something often overlooked, but just as important, is making medical wishes clear. In Michigan, advance healthcare directives allow individuals to plan ahead for their medical care if they ever become unable to speak for themselves. These documents are essential to maintaining control over your healthcare decision, ensuring your wishes are respected, and relieving loved ones of the burden of making difficult choices without guidance.

If you or a loved one is thinking about planning, this guide explains what advance directives are, how they work in Michigan, and why they matter.

What is an Advance Healthcare Directive?

An advance healthcare directive is a legal document that communicates a person’s preferences for medical treatment if they become incapacitated or unable to make decisions. This primarily includes two components.

A Patient Advocate Designation (PAD)

This is sometimes referred to as a durable power of attorney for healthcare.

A Living Will

Although it is not formally recognized in Michigan, it may still be used to inform your care.

Together, these tools can help guide your loved ones and medical professionals if you’re seriously ill, in a coma, or facing end-of-life care decisions.

Patient Advocate Designation (PAD)

Michigan’s recognized advance directive is the Patient Advocate Designation. This document allows you to name someone you trust as your patient advocate. This enables them to make healthcare decisions on your behalf if you’re unable to do so.

What is a patient advocate able to do?

-      Consent to or refuse medical treatment

-      Decide on surgeries, medication, or hospitalization

-      Make end-of-life decisions (if explicitly authorized)

-      Access your medical records

-      work with doctors to ensure your wishes are honoured

You can also give your patient advocate the authority to make mental health treatment decisions or decisions about organ donation, if you choose.

Keep in mind that if you would like to include a Do-Not-Resuscitate (DNR) Order, it is a separate document from an advanced directive. It instructs medical personnel not to perform CPR if your heart or breathing stops. DNR orders are typically signed by you and your doctor and should be posted somewhere visible in your home or included in your medical records.

What makes a patient advocate designation valid?

-      It must be in writing.

-       It must be signed by the person making the designation

-      It must be signed in the presence of two adult witnesses.

The person named must also agree in writing to act on your behalf, confirming they understand their responsibilities under Michigan law.

Living Wills

Although Michigan does not formally recognize living wills under state law, these documents are still useful, A living will is a written statement of your wishes regarding life-sustaining treatment if you’re terminally ill or permanently unconscious.

While a court may not treat it as legally binding, a living will can guide your patient advocate, physicians, and loved ones. Many people choose to include this guidance within their PAD, creating a comprehensive record of both instructions and

decision-making authority.

Common Misconceptions About Advance Directives

“I’m healthy, I don’t need one yet.”

Advance directives aren’t just for the elderly or terminally ill. Anyone, regardless of age, can face an unexpected medical emergency. Having a directive in place means you’re protected, just in case.

“My family knows what I want.”

Even close family members can have different interpretations or memories of what you said. Advance directives put your wishes in writing and appoint someone to carry them out, leaving no room for confusion or disagreement.

“I can just write it myself.”

While you can find templates online, Michigan law has specific requirements for advance directives to be valid. A poorly worded or incomplete document can be rejected, or worse, lead to decisions that go against your wishes.

You can’t predict the future, but you can plan for it. At Leydorf Law Firm, we’ve helped individuals and families in Michigan create clear, customized advance healthcare directives that reflect their values and protect their rights. If you are interested in taking control, we’re here to help you with the process.