Michigan Healthcare Directive Guide

It is not legal advice. Verify current requirements with the county probate court, relevant agency, or qualified Michigan counsel before acting.

Michigan healthcare directive planning usually centers on a patient advocate designation. That document names an adult patient advocate to make care, custody, medical treatment, or mental health treatment decisions when the statutory conditions are met.

This guide is about medical decision authority. For money, property, banking, taxes, or real estate authority, use the Michigan power of attorney guide.

What a Patient Advocate Designation Does

MCL 700.5506 allows a person to designate another individual as patient advocate. The patient advocate may exercise powers concerning care, custody, and medical or mental health treatment decisions, but only within the limits of the designation and the statute.

The patient advocate must be an individual who is 18 years of age or older. The designation can also address anatomical gift authority if it includes the required statement that the authority remains exercisable after death.

Michigan source data does not treat a generic living will as a substitute for a Michigan patient advocate designation. If treatment preferences matter, coordinate them in or with the patient advocate document and review the wording with counsel or the healthcare provider.

If a patient advocate designation is missing or does not cover the decision at hand, the family may need to review adult guardianship limits. See Michigan guardianship planning for the court-supervised path.

Signing Checklist

MCL 700.5506 sets several execution signals for a patient advocate designation.

Store the signed document where it can be found. Give copies to the named patient advocate, alternate advocate, physician, and care team.

Who Cannot Witness

Michigan's witness restrictions are detailed. A witness may not be:

• the patient's spouse
• the patient's parent, child, grandchild, sibling, presumptive heir, or known devisee
• the patient's physician
• the named patient advocate
• an employee of the patient's life or health insurance provider
• an employee of a health facility treating the patient
• an employee of a home for the aged where the patient resides
• an employee of a community mental health services program or hospital providing mental health services to the patient

A witness also may not sign unless the patient appears to be of sound mind and under no duress, fraud, or undue influence.

Pick witnesses before signing day. That reduces the chance that a family member or care-connected person signs in the wrong role.

When the Patient Advocate Can Act

Michigan patient advocate authority is not meant to replace the patient's own decision-making while the patient can participate.

The designation must state that the patient advocate's authority is exercisable only when the patient is unable to participate in medical treatment decisions, mental health treatment decisions, or both, depending on the powers granted.

MCL 700.5508 addresses determinations about the advocate's authority to act. Families should ask the healthcare provider how the signed designation is placed into the medical record and how incapacity or inability to participate is documented.

Mental Health Treatment and Anatomical Gift Authority

If the patient wants the advocate to make mental health treatment decisions, the designation should say so clearly. Mental health treatment decisions can involve separate facility, provider, and statutory review.

If the patient wants the advocate to make anatomical gift decisions, MCL 700.5506 requires the designation to state that this authority remains exercisable after death. Without that statement, the family should not assume the patient advocate has post-death anatomical gift authority.

How This Differs From a Financial POA

Michigan separates healthcare decision authority from Chapter 556 financial powers of attorney.

For financial authority, read Michigan power of attorney. For after-death property transfer, use Transfer Property After Death in Michigan.

Planning Sequence

1. Choose a patient advocate who can talk with physicians under stress.
2. Name an alternate advocate if the first choice cannot serve.
3. Decide whether to include mental health treatment authority.
4. Decide whether to include anatomical gift authority and the required post-death statement.
5. Sign with two qualified witnesses.
6. Give copies to the patient advocate, alternate advocate, physician, and care team.
7. Keep a copy with the broader estate-planning file.

When a death has already happened, the healthcare directive usually stops being the main document. The family may then need death certificates, title records, probate forms, and tax records. See the Michigan death certificate guide and Michigan probate guide.

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Sources:

• Title: MCL 700.5506, Designation of patient advocate. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 9 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-5506
• Title: MCL 700.5508, Determination of advocate's authority to act. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 9 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-700-5508
• Title: Michigan Legislature, EPIC Part 5, Designation of Patient Advocate. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 9 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-386-1998-V-5

This guide provides general Michigan healthcare directive information. Ask a Michigan attorney or healthcare provider about document wording, witnesses, acceptance, and medical-record steps for a specific plan.