Who Makes Your Medical Decisions If You Are Incapacitated?
In Michigan, individuals have the fundamental right to make decisions about their medical care. However, accidents and illnesses can happen unexpectedly, leaving you incapacitated and vulnerable. That's where medical directives come in. These legal documents allow you to specify your wishes and appoint someone to speak for you, ensuring your voice is heard even when you can’t speak for yourself. In this article, the Michigan Estate Planning attorneys of Thompson Legal provide an overview to provide you with an understanding of who would make your medical decisions if you became unable.
Please note that this post is not exhaustive, and every situation is unique. In the event that you have legal questions it is advisable to speak with a licensed attorney. Contact Thompson Legal to speak with a Michigan Estate Planning Attorney today.
Understanding Incapacity
Incapacity refers to a person's inability to understand and appreciate the nature and consequences of healthcare decisions. This inability can arise from various conditions, such as:
Severe illness,
Mental illness or deficiency,
Dementia,
Physical illness or disability,
Traumatic brain injury,
Chronic Substance Abuse,
Coma,
Or other causes to the extent that they cannot make or communicate informed decisions.
Clear and convincing evidence of incapacity may be required, often including medical or psychological evaluations, testimony from family and friends, and observation of the individual's behavior. Once there has been a determination that someone lacks capacity, they can no longer effectively communicate their consent or refusal for medical treatment themselves.
Your Right to Consent to or Refuse Medical Treatment
Michigan Compiled Laws 400.66h explicitly protects your right to consent to or refuse medical treatment. This law reinforces the principle of bodily autonomy and ensures that no one, including medical professionals or family members, can force you to undergo medical treatment against your will. If you are unable to make decisions for yourself due to incapacity, your nearest relative, legally appointed guardian, or health care advocate will be consulted. However, this provision does not impede the administration of necessary first aid in emergency situations where immediate consent cannot be obtained.
Informed Consent and Advanced Illnesses
Michigan’s Public Health Code emphasizes the importance of informed consent, especially for patients with advanced illnesses. Michigan Compiled Laws 333.5654 mandates that physicians must orally inform patients diagnosed with a reduced life expectancy due to an advanced illness about their recommended treatment, alternatives, and the advantages, disadvantages, and risks associated with each option. This ensures patients are equipped to make informed decisions about their care.
Building upon this, Michigan Compiled Laws 333.5655 requires physicians to provide this information both orally and in writing. This includes informing patients of their right to designate a patient advocate, their right to make decisions about receiving, continuing, discontinuing, or refusing treatment, and their options for palliative care, hospice care, and pain management. This comprehensive approach ensures patients with advanced illnesses understand their rights and options fully.
Do-Not-Resuscitate Orders: Expressing Your Wishes for End-of-Life Care
Michigan Compiled Laws 333.1053, of Michigan’s Do-Not-Resuscitate Procedure Act, provides a legal framework for individuals to express their wishes regarding resuscitation efforts. Adults of sound mind can execute a Do-Not-Resuscitate (DNR) order, or a patient advocate can execute one on their behalf. This order instructs healthcare providers to withhold cardiopulmonary resuscitation (CPR) in the event of cardiac or respiratory arrest. This allows individuals to exercise control over their end-of-life care and ensure their wishes are respected.
Who Makes Medical Decisions If You Are Incapacitated?
If you haven't prepared any legal documents specifying your healthcare wishes and become incapacitated, Michigan law dictates who can make medical decisions on your behalf. According to Michigan Compiled Laws 700.5106(2) , the following individuals, in order of priority, can generally make those decisions:
Your legally appointed guardian,
Your spouse,
Your adult child,
Your parent, or
Your adult sibling.
It's important to note that if there is no advance directive or guardian, and no family member is suitable and willing to serve, the court may appoint a professional guardian. This decision is based on what is in the best interests of the individual, as per Michigan Compiled Laws 700.5106(2)(a). The court must also determine that guardianship is necessary to provide for the individual's ongoing care and supervision. Less restrictive alternatives, such as supported decision-making or power of attorney, must be considered and found unsuitable before guardianship is ordered.
Health Care and Medical Directives
A comprehensive estate plan should also address your wishes regarding healthcare decisions, especially if you become unable to make them yourself. This is where health care directives, such as a Durable Power of Attorney for Health care, come into play. These crucial documents allow you to appoint a trusted individual to make medical decisions on your behalf if you are incapacitated. Michigan recognizes both Durable Powers of Attorney for Health Care, as well as a Patient Advocate.
Durable Power of Attorney for Health Care (aka Medical Power of Attorney): A Durable Power of Attorney for Health Care, also known as a Medical Power of Attorney, is a legal document that allows you to appoint a trusted person to make medical decisions on your behalf if you become incapacitated and unable to do so yourself. This designated individual, called your healthcare agent, will have the authority to access your medical records, communicate with your doctors, and make decisions about your treatment based on your wishes and best interests. This ensures that someone you trust can advocate for you and make informed choices about your care when you cannot.
Patient Advocate Designation: In Michigan, you can also formally appoint a patient advocate. This involves completing a specific form provided by your medical facility. This form allows your designated advocate to access your medical information and make decisions about your care if you are unable to do so. This provides another layer of control over your healthcare decisions.
Living Will: A Living Will is a common type of advance directive in which you state your wishes about care and treatment you want or don’t want if you are no longer able to speak for yourself. Normally, living wills address one’s preferences about end-of-life medical treatments, but they can also communicate your wishes, values, or goals about any other aspect of your care and treatment. However, Michigan does not officially recognize living wills, so an alternative advanced health care directive should be considered.
Why are Advance Directives Important?
Advanced medical directives provide several crucial benefits:
Peace of mind: Knowing your wishes are documented can relieve stress for both you and your loved ones.
Respecting your autonomy: These documents ensure your values and preferences guide your medical care, even when you cannot express them yourself.
Avoiding family conflict: By clearly stating your desires, you can minimize potential disagreements among family members about your treatment.
Guiding healthcare providers: Advance directives offer clear instructions to doctors and nurses, facilitating informed medical decision-making.
Who Should Have Advance Directives?
While often associated with older adults, advance directives are crucial for all adults, regardless of age or current health status. Life is unpredictable, and accidents or sudden illnesses can happen at any time, leaving anyone temporarily or permanently unable to make their own medical decisions. By designating a healthcare proxy, you ensure that your wishes are known and respected, preventing potential confusion and conflict among loved ones while providing guidance to healthcare providers. Essentially, anyone who wants to maintain control over their medical care in unforeseen circumstances should have advance directives in place.
Conclusion: Taking Control of Your Healthcare Future
While not mandatory, it's generally advisable to consider establishing a health care directive, especially if you have specific preferences regarding medical treatment or want to ensure your wishes are respected in case of an emergency. By taking the time to create these documents, you can ensure your voice is heard and your wishes are respected, even in the face of unexpected circumstances. These documents provide peace of mind, prevent potential conflicts, and guide your loved ones and healthcare providers during challenging times. Thompson Legal's experienced estate planning attorneys are dedicated to providing compassionate and comprehensive support. To schedule a consultation and discuss your specific needs, please visit our Contact page.
This article is for informational purposes only. It is not intended as legal advice. In the event you would like to speak with an Estate Planning Attorney, please Contact Thompson Legal at (734) 743-1646 to schedule a consultation.
