Durable Power of Attorney for Health

A durable power of attorney is a document in which you give another person the power to make medical treatment and care decisions for you. Under Michigan laws, a durable power of attorney for health is a binding decision. Any person at least 18 years old and of sound mind can have a durable power of attorney.

The person whom you give decision making power to is called a patient advocate, and they can make medical and care decisions for you, if you become unable to make decisions yourself.

Your patient advocate must be at least 18 years or older, and should be someone you trust, and who is responsible and willing to serve. They must also accept the responsibility as your patient advocate before they can act on your behalf. You may also appoint a second patient advocate, in the even that the first one is unable to serve.

There a different reasons why you would become unable to make medical decisions yourself, such as if you lose the ability to communicate decisions, which could come from unconsciousness or a degenerative condition such as Alzheimer's Disease. Your inability to make decisions is determined by the doctor responsible for your care, as well as another doctor.

Patient advocates can be given the powers to make personal care decisions you normally make for yourself, such as the power to consent or refuse medical treatment for yourself, or to move you to a home for the aged. Patient advocates can also be given the right to make decisions to withhold or withdraw life sustaining treatment, but only if you express in a clear and convincing manner that this person is authorized to make such decisions on your behalf. You must also acknowledge that such actions could allow for your death. You must also express that your patient advocate can decide to withdraw or withhold food and water administered through tubes.

In your durable power of attorney document, you have the right to express your wishes concerning medical treatment and personal care. You may also express wishes to not be placed in a nursing home and also a desire to die at home. Your patient advocate has a duty to follow your wishes.

After your durable power of attorney for health is signed, you should give the original to your patient advocate, give a copy to your doctor, and keep a copy for yourself. Your doctor should make the document part of your medical record, and if you enter a hospital or nursing home, you should make sure that the establishment has a copy of the document.