Power of Attorney and Health Care – General – Michigan
Related Michigan Legal Forms
STATUTORY REFERENCE
ALL REFERENCES ARE TO THE MICHIGAN COMPILED LAWS
MICHIGAN DO-NOT-RESUSCITATE PROCEDURE ACT
(§§ 333.1051 through 333.1067)
Selected Definitions
A “declarant” is a person who has executed a do-not-resuscitate order or on whose behalf a do-not-resuscitate order has been executed.
A “do-not-resuscitate order” is a properly executed document directing that, in the event that a patient suffers cessation of both spontaneous respiration and circulation in a setting outside of a hospital, a nursing home, or a mental health facility owned or operated by the department of community health, resuscitation will not be initiated.
A “patient advocate” is an individual designated to make medical treatment decisions for a patient.
The Order
An individual who is 18 years of age or older and of sound mind may execute a do-not-resuscitate order on his or her own behalf. A patient advocate of an individual who is 18 years of age or older may execute a do-not-resuscitate order on behalf of that individual.
The order must be in the statutory form. The order must be dated and executed and signed by each of the following persons:
The declarant or another person who, at the time of the signing, is in the presence of the declarant and acting pursuant to the directions of the declarant;
The declarant’s attending physician.
Two witnesses 18 years of age or older, at least 1 of whom is not the declarant’s spouse, parent, child, grandchild, sibling, or presumptive heir.
A witness must not sign an order unless the declarant appears to the witness to be of sound mind and under no duress, fraud, or undue influence.
Revocation
A declarant or a patient advocate who executes an order on behalf of a declarant may revoke an order at any time and in any manner by which he or she is able to communicate an intent to revoke the order.
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