Michigan Sample Letter for Directive - Reports and Paperwork
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FAQ
Although 47 states have statutes giving living wills legal force, Michigan has not passed such a law. However, based on a Michigan court decision, there is an argument living wills are binding in this state. No one, however, can provide absolute assurance your wishes will be honored.
Your witnesses cannot: be your health care agent, doctor, nurse, or social worker.
The forms include: Patient's Advance Directive is a form that explains the kind of care you want. Acceptance by Patient Advocate is a form that names the person who will be responsible for your care. Durable Power of Attorney for Health Care is a form that allows your advocate to speak for you.
An advance directive is a written document in which you specify what type of medical care you want in the future, or who you want to make decisions for you, should you lose the ability to make decisions for yourself.
(ad-VANS duh-REK-tiv) A legal document that states a person's wishes about receiving medical care if that person is no longer able to make medical decisions because of a serious illness or injury.
Types of Advance Care DirectivesCommon Law Advance Care Directives which are recognised by the common law (decisions made by judges in the courts) and generally must be followed.Statutory Advance Care Directives which are governed by State and Territory legislation.
The short answer is that a living will is a type of advance directive, while advance directive is a broad term used to describe any legal document that addresses your future medical care. Living wills are advance directives, but not all advance directives are living wills.
Most states require two qualified witnesses to sign the document, and some permit notarization as an alternative. A principal who has capacity can cancel the health care power of attorney at any time. The choice of agent does not have to be permanent.
Anyone over 18 can witness the signatures of the patient and surrogate, except: a spouse, a child, a grandchild, a brother or sister, an employee of a company that provides you with life or health insurance, or an employee of the healthcare agency or institution that is caring for you.
