http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/index.html LawInfo - Legal Resource Center offers free legal forms and free legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/are-there-different-types-of-advance-directiv.html Yes. Two types are a durable power of attorney for health care and a living will. Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/are-health-care-proxies-applicable-in-a-home.html Yes. Michigan Estate Planning FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/are-there-issues-i-should-give-particular-att.html Yes. Many people have strong feelings about the administration of food and water. If you are unable to swallow, a tube down your throat can supply food and water, a tube placed surgically into your stomach. or intravenously. Consider in what circumstances, if any, you would have such procedures withheld or withdrawn. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/can-i-appoint-a-second-person-to-serve-as-pat.html Yes. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/can-i-authorize-my-patient-advocate-to-decide.html Yes. If you wish to give your patient advocate power to have tube feeding withheld or withdrawn in the event you become terminally ill or permanently unconscious, you should state this in the document or in a living will. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/can-i-change-my-mind-once-i-sign-the-form.html Yes. You can change the document at any time while you are competent. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/can-i-give-my-patient-advocate-the-right-to-m.html Yes, but you must express in a clear and convincing manner that the patient advocate is authorized to make such decisions, and you must acknowledge these decisions could or would allow your death. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/can-i-have-both-a-durable-power-of-attorney-f.html Yes. You could have a single document or two separate documents. If in separate writings, you should make sure your wishes expressed in the two writings are consistent. If in a single document, you should comply with the technical requirements of the durable power of attorney for health care law. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/do-i-have-the-right-to-express-in-the-documen.html Yes. You might, for example, express your wishes concerning the type of care you want during terminal illness. You might also express a desire not to be placed in a nursing home and a desire to die at home. Your patient advocate has a duty to try to follow your wishes Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/does-a-patient-advocate-need-to-accept-the-re.html Yes, he or she must sign an acceptance. This does not have to be done at the time you sign the document. Nevertheless, you should speak to the person you propose to name as patient advocate to make sure he or she is willing to serve. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/how-often-should-i-review-my-advance-directiv.html Since medical technology is constantly changing, and since there may be changes in your outlook, it would be wise to review an advance directive once a year. Upon review, you can decide to keep the document, write a new one, or have no advance directive at all. If you decide to keep the advance directive, you can put your initials and the date on the bottom. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/if-i-have-an-advance-directive-when-would-it.html Under the terms of the durable power of attorney for health care, the patient advocate has power to make decisions for you if and when you become unable to make medical treatment decisions. A living will only takes effect if two conditions are met: 1) you become terminally ill or permanently unconscious, and 2) you become unable to participate in medical treatment decisions. Michigan Estate Planning FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/if-i-write-an-advance-directive-can-i-change-.html Yes. You can change the document at any time. It is a good idea to review your advance directive each year to be sure it still says how you want to be treated and names an advocate you trust. Michigan Estate Planning FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/in-general-what-should-i-do-before-completing.html Take your time. Consider whom you might choose to be your proxy. Think about your treatment wishes. Discuss the issue with family members and your doctor. Talk with your minister, rabbi, priest or other spiritual leader if you feel it would be helpful. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/is-a-durable-power-of-attorney-for-health-car.html Yes, based on a recent state law. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/is-a-living-will-legally-binding.html Although 41 states have laws giving living wills legal force, Michigan has not yet passed such a law. Doctors and hospitals might comply with your wishes, but no one can provide absolute assurance. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/is-it-important-to-express-my-wishes-either-i.html It may be. Your wishes cannot be followed if no one is aware of them. It can also be a great burden for your patient advocate to make a decision for you without guidance. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/must-a-hospital-or-nursing-home-comply-with-t.html Beginning December 1, 1991, federal law required hospitals, nursing homes and other health care providers that receive federal funds to inform incoming patients of their rights to consent to or refuse treatment, including their rights under state law to have advance directives. If the hospital or nursing home has no reason to question the document's authenticity, believes the patient is no longer able to participate in medical treatment decisions, and feels the patient advocate is acting consistent with the patient's expressed wishes, the institution would probably have to comply. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/must-i-give-written-instructions-about-my-tre.html No. You can simply name a patient advocate. But, remember that your advocate can only have life­sustaining care stopped if you say so in your durable power. It is probably better to have written instructions because then everyone can read them and understand your wishes. If you do not want to name an advocate, you can write a "living will" stating your choices. Even though there is not a Living Will law in Michigan, courts and health care providers still find these documents useful because they show your choices for care. Or, you can simply make sure your family and caregivers know what you want if you were to get sick. It is important for hospitals to understand your wishes. Writing them down makes it clear what you want. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/must-i-have-a-durable-power-of-attorney-for-h.html No. You have this option, but no one can require you to have a durable power of attorney. You can make your wishes known by talking with your family or doctor or by writing them down, but unless you have a durable power of attorney in place, if you become incapacitated then the court may need to formally establish a conservatorship or guardianship to give someone legal authority to make medical decisions for you.  Michigan Estate Planning FAQs Wed, 18 Jun 2008 17:49:03 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/must-i-have-an-advance-directive.html No. The decision to have an advance directive is purely voluntary. No family member, hospital or insurance company can force you to have one, or dictate what the document should say if you decide to write one. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/must-i-make-decisions-now-about-my-future-med.html No. You do not have to have a durable power or living will and you do not have to tell anyone your wishes. You can still make treatment choices while you are competent. If you are no longer competent, but you have made sure your family and caregivers know what you would want, it will be easier to follow your wishes. If you have not made your wishes known to family and caregivers, a court may have to name a guardian to make decisions for you. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/what-are-the-differences-between-a-durable-po.html The focus of a durable power of attorney for health care is on who makes the decision; the focus of a living will is on what the decision is. Also, a living will is limited to care during terminal illness or permanent unconsciousness; a durable power of attorney for health care can be applicable during temporary disability. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/what-are-the-requirements-for-a-living-will.html Since there is no law, there are no formal requirements. But it is strongly recommended the document be entitled "LIVING WILL;" be dated; signed by you; and signed by two witnesses. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/what-are-the-technical-requirements-of-a-dura.html The declaration must be in writing, signed by you, and witnessed by two adults. There must be a written acceptance by the proxy, in language set forth in the law. There are restrictions on who can be a witness, as indicated on the form. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/what-else-should-i-do-to-ensure-my-wishes-are.html Make your wishes known by talking with your family, friends or doctor, and alert them to the Do Not Resuscitate Order you have signed­and where they can find it. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/what-if-i-am-unable-to-sign-this-form.html If you are an incompetent adult and have an advocate, your advocate may execute a Do Not Resuscitate Order on your behalf. You must have, in an advance directive, authorized your patient advocate to refuse treatment that could allow you to die. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/what-if-i-have-no-one-to-appoint-as-patient-a.html You can still complete a living will. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/what-is-a-living-will.html A "living will" is a written statement in which you inform doctors and family members what type of medical care you wish to receive should you become terminally ill or permanently unconscious, and unable to make or communicate decisions about your continued care. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/what-is-a-do-no-resuscitate-order-dnr.html As a competent adult, you have the right to decide to accept or refuse any medical treatment. Yet some day, you may become too sick to make your own decisions about your medical care. If that happens, then decisions will have to be made for you unless you have an advance directive. An advance directive is a document signed by a competent person giving direction to health care providers about treatment choices in certain circumstances. A new Michigan law allows competent adults to complete a form that states you do not wish to be resuscitated if your breathing and heart stop while you are in a home setting. Michigan Estate Planning FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/what-is-a-durable-power-of-attorney-for-healt.html It is a legal document that allows you to name anyone at least eighteen years old to be your advocate and make health care decisions for you. You can pick a family member, friend or any other person you trust, but be sure the person you choose is willing to serve. A durable power can be used to accept or refuse any treatment. If you want your patient advocate to be able to refuse any treatment and let you die, you must say so specifically in the durable power document. A durable power goes into effect only when you are not able to make decisions for yourself. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/what-is-an-advance-directive.html Advance directives are documents signed by a competent person giving direction to health care providers about treatment choices in certain circumstances. There are two types of advance directives. A durable power of attorney for health care ("durable power") allows you to name a "patient advocate" to act for you and carry out your wishes. A living will allows you to state your wishes in writing, but does not name a patient advocate. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/what-is-the-person-to-whom-i-give-decision-ma.html The person is known as a "patient advocate". Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/what-is-the-purpose-of-having-witnesses-.html If there is a dispute later, witnesses can testify that when you signed the document, you knew what you were doing and were not being pressured by anyone. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/what-is-the-purpose-of-this-form.html This law supplements documents and policies used in hospitals, nursing homes and hospices. (For information on advance directives used in these settings, please called the U­M Patient Relations Office (734­936­4330), your state representative, the State Bar of Michigan, the Michigan State Medical Society or a senior citizen group). In some cases, people who are terminally ill choose to live out the remainder of their lives at home. When a person dies, a family member often calls an ambulance service, and emergency personnel are required by law to attempt resuscitation. This law allows individuals to avoid unnecessary resuscitation attempts. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/what-might-a-living-will-say.html You might express your wishes in general terms; such as "Do whatever is necessary for my comfort, but nothing further." Or, "I authorize all measures be taken to prolong my life." You might express desires about the use of specific medical interventions, such as a respirator, cardiopulmonary resuscitation (CPR), surgery, and blood transfusions. You could authorize experimental or non­traditional treatment. You should express your wishes concerning food and water administered through tubes. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/what-other-factors-should-i-consider-in-prepa.html Who would you like to make treatment decisions for you, if you become unable to so? How do you feel about ventilators, surgery, resuscitation (CPR), drugs or tube feeding if you were to become terminally ill? If you were unconscious and not likely to wake up? If you were senile? What kind of medical treatment would you want if you had a severe stroke or other medical condition that made you dependant on others for all your care? What sort of mental, physical, or social abilities is important for you to enjoy living? Do you want to receive every treatment your caregivers recommend? Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/what-powers-can-i-give-a-patient-advocate.html You can give a patient advocate power to make those personal care decisions you normally make for yourself. For example, you can give your patient advocate power to consent to or refuse medical treatment for you, to contract for home health care or adult day care, arrange care in a nursing home or move you to a home for the aged. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/what-should-i-do-if-i-want-an-advance-directi.html You can download one from the Legal Resource Center. Forms are also available from the State Bar of Michigan, the Michigan State Medical Society, your state representative and senior citizen groups. You may also hire a lawyer to draft the document or documents, or you may write the entire document yourself. If you write the entire document, type it or print so it is legible. You should talk to the person you have chosen to make sure that individual understands your wishes and is willing to act as your advocate. You should also discuss your wishes with your family, friends, and health care team. By law, your family, physicians and employees of your health care facility are not allowed to be a witness for a document. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/what-should-i-do-if-i-write-a-new-advance-dir.html Whether you choose a different person to be patient advocate or alter your wishes for care, try to get back all copies of the old document and destroy them. Distribute copies of the new document. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/what-should-i-do-with-an-advance-directive-af.html Give the original of a durable power of attorney for health care to the patient advocate (or at least make sure he or she knows where it is). Give a photo static copy to your doctor and keep a copy yourself. Keep the original of a living will. Give a copy to family members who are close to you, a friend and your doctor. Keep a list of these people. Have the doctor make the document or documents part of your medical record. If you enter a hospital or nursing home, try to see to it that the facility has a copy. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/when-can-the-patient-advocate-act-in-my-behal.html The patient advocate can make decisions for you only when you are unable to participate in medical treatment decisions. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/where-should-i-keep-the-form.html The law requires the individual signing the Do Not Resuscitate Order to keep the document accessible and in his or her possession. As an alternative, a person may wear a bracelet alerting emergency personnel to the Do Not Resuscitate Order. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/who-determines-that-i-am-no-longer-able-to-pa.html The doctor responsible for your care and one other doctor will make that determination. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/who-is-eligible-to-have-a-durable-power-of-at.html You must be at least 18 years old and of sound mind. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/who-may-i-appoint-as-patient-advocate.html Any person age 18 or older is eligible. Obviously, you should choose someone you trust, who can handle the responsibility, and who is willing to serve. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/who-must-sign-the-form.html A competent adult or the legally appointed advocate of an incompetent adult must sign the form. In either case, the person must be 18 years of age or older and be of sound mind. The individual's attending physician and two witnesses also must sign the document. If you have religious or other objections to care by a physician you can create a document that does not require a physician's signature. By law, your family, physicians and employees of your health care facility are not allowed to be witnesses for this form. If you choose to wear a med alert bracelet, the bracelet must include your name and address, and the name and telephone number of your attending physician. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/why-have-an-advance-directive.html Many people have strong feelings about the kind of medical care they would like to receive or refuse in certain circumstances. An advance directive allows you to clearly state your feelings. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Michigan/why-might-i-be-unable-to-participate-in-medic.html There might be a temporary loss of ability to make or communicate decisions, if one were knocked unconscious in a car accident or had a stroke. There might be a long term or permanent loss through a degenerative condition such as Alzheimer's Disease. Michigan Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Durable-Power-Of-Attorney/Michigan/index.html Free Durable Power Of Attorney FAQs Estate Planning Sub-categories Sun, 29 Nov 2009 12:27:34 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning-Sub/Michigan/index.html Free Estate Planning FAQs Estate Planning Sub-categories Sun, 29 Nov 2009 12:27:34 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Taxes/Michigan/index.html Free Estate Taxes FAQs Estate Planning Sub-categories Sun, 29 Nov 2009 12:27:34 GMT http://resources.lawinfo.com/en/Legal-FAQs/Guardianship/Michigan/index.html Free Guardianship FAQs Estate Planning Sub-categories Sun, 29 Nov 2009 12:27:34 GMT http://resources.lawinfo.com/en/Legal-FAQs/Power-of-Attorney-Estate-Planning/Michigan/index.html Free Power of Attorney FAQs Estate Planning Sub-categories Sun, 29 Nov 2009 12:27:34 GMT http://resources.lawinfo.com/en/Legal-FAQs/Probate-Estate-Planning/Michigan/index.html Free Probate FAQs Estate Planning Sub-categories Sun, 29 Nov 2009 12:27:34 GMT http://resources.lawinfo.com/en/Legal-FAQs/Trusts-Estate-Planning/Michigan/index.html Free Trusts FAQs Estate Planning Sub-categories Sun, 29 Nov 2009 12:27:34 GMT http://resources.lawinfo.com/en/Legal-FAQs/Wills-Estate-Planning/Michigan/index.html Free Wills FAQs Estate Planning Sub-categories Sun, 29 Nov 2009 12:27:34 GMT