What Is a Durable Power of Attorney for Health Care in Michigan?

A Durable Power of Attorney for Health Care (also called a Patient Advocate Designation under Michigan law) is a legal document that allows you to appoint a trusted person—your patient advocate—to make health care decisions on your behalf if you become incapacitated and cannot communicate your wishes.

Key benefits include:

• Ensuring someone you trust (not a court-appointed guardian) handles your medical and end-of-life decisions.
• Avoiding costly and emotional living probate or guardianship proceedings in Michigan courts.
• Keeping your health care choices private and aligned with your values.
• Maintaining control while you are capable—no rights are transferred until incapacity occurs.

This document is a critical part of comprehensive Michigan estate planning, complementing your will, financial power of attorney, and other advance directives.

Choosing the Right Patient Advocate in Michigan

Selecting your patient advocate is one of the most important decisions in your estate plan. This person will carry significant responsibility and emotional weight, so choose wisely.

Ideal qualities for a Michigan patient advocate include:

• Trustworthiness — Someone who will honor your wishes without personal bias.
• Experience with health care or end-of-life decisions.
• Medical, nursing, or caregiving background (helpful but not required).
• Emotional strength to handle difficult medical choices.
• Strong communication skills and availability.
• Proximity to you (especially important in areas like Troy, Southfield, or Oakland County) so they can be present when needed.

This is not about fairness or equality among family members—it’s about ensuring your wishes are followed when you can no longer speak for yourself. Many clients choose a spouse, adult child, sibling, or close friend.

Requirements for a Valid Durable Power of Attorney for Health Care in Michigan

Under Michigan’s Patient Advocate Act (MCL 700.5506–700.5520), your document must:

• Be in writing and signed by you (the principal) while you have capacity.
• Be witnessed by at least two disinterested adults (not your advocate or health care providers).
• Clearly designate your patient advocate and alternate(s).
• Include specific powers granted (e.g., life-sustaining treatment decisions).
• Be notarized for added enforceability (recommended).

We strongly advise against DIY forms—errors can lead to invalidation or court challenges. A Michigan estate planning attorney ensures compliance and clarity.

Why You Need This Document – Even If You’re Healthy

Accidents, sudden illness, or conditions like dementia can strike unexpectedly. Without a patient advocate designation:

• A court may appoint a guardian—costly, public, and not necessarily who you would choose.
• Family members could disagree, delaying critical care.
• Your wishes about life support, pain management, or organ donation may not be honored.

A properly executed Durable POA for Health Care gives peace of mind to you and your loved ones.