Although Michigan’s question about living will seems easy, its reply is diverse. One of Michigan’s few states that are void of living wills law is the validity of these documents. The documents have not got any statutory support; however, the court decision makes the use of living wills lawful in the State. In 1995, the Michigan Supreme Court pronounced that “the written directives offer a most concrete proof of the patient’s will,” and recommended every person to create such directives.
Federal law may confer more efficacy to living wills. Such as, a hospital or nursing home if they are receiving federal funds, they have the obligation of informing the patients on their right to have advance directives. With no formal requirements in state law, how to interpret what is crucial within a living will seems to be more problematic. Mateskon Law firm’s estate planning Michigan attorneys can assist you in how the living will fits into your plan.
What is a Living Will?
A living will is nothing like that will document, which bears the name of a Last Will and Testament, and is in charge of distributing a person’s possessions at death. When a person falls into temporary or permanent unconsciousness because of the disease, accident, or surgery, sometimes/ some decisions should be made by others about the treatment and care. A living will indicate the type of medical care that doctors should administer and to whom the patient wishes that the care should be given. One patient may have instructions to “all care necessary to prolong life,” whereas another patient may have a request that “pain relief, comfort care, and any no further treatment” if any brain injury or damage occurs.
The document will be enforceable if a doctor or hospital say that you lack the ability to speak and think, or articulate about your health care in a reasonable way. A living will can be a document or it can be incorporated into an advance directive plan. It is worth mentioning that another law in Michigan also does not recognize living wills, just like in almost every state except Michigan. In such a case, after all, you have an opportunity to leave your wishes regarding the dire condition written down for the sake of those who would take the decision in the situation when you would be unable to do it.
Why Do We Need an Advance Directive?
A living will in Michigan is something that is ranked as uncertain. Therefore, it is highly important for all adults in Michigan to make their advance directive. It is a document(s) that outlines down what type of medical care should be provided in case the person can no longer make independent decisions. In the legal context, the loss of mental ability for decision-making process is known as incompetence, which is also called lack of capacity or incapacity.
Planning Against Capacity Crisis
As to the living will, an advance directive also has a durable power of attorney for health care. Unlike the living will, the designation of patient advocate is recognized in Michigan and also legally binding. If you want to nominate a person to make choices about your physical and mental care when you are unable to make these decisions by yourself due to incapacity, this is done via a durable power of attorney for health care. Your patient advocate also called health care proxy, will be designated in the document.
In addition, Michigan provides Statewide registry service titled Peace of Mind which lets you store your advance directive safely and which health care staff can access if required. The registration is entirely voluntary and the membership card you get is your registration wallet.
A number of advance directives have a no-resuscitation declarations, the abbreviation of which is DNR. A DNR is also used to inform healthcare, it that you do not want resuscitation or life prolonging measures, if you stop breathing. or your heart stops beating. The last point is that advanced directive may contain the declaration of anatomical gift for organ donation.
A directive for advance that includes a durable power of attorney for health care and a living Will will help in a given case that you lose capacity that there is someone to make decisions as well as they know which choice you would prefer. A lawyer makes sure that all conditions in the papers are consistent.
Should I Have, A Living Will?
As living wills are not codified in Michigan- this means that a person should make a decision after collecting information about his/her different healthcare options. They may have to make crucial decisions about your life to your family members or your patient advocate without the benefit of your specific guidance. Unless conscious of your desire, they cannot follow them. Contact one of our trusted & experienced Sand Lake, MI Estate Planning Lawyer today for a free, confidential consultation.
