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Mich. Comp. Laws Ann. § 700.5510 - Revocation of patient advocate designation

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Revocation of patient advocate designation

 

Michigan permits the revocation of patient advocate designations in the following circumstances:

 

• When a patient dies. However, the advocate will retain the authority to make anatomical gifts if the patient authorized such action in the designation.

• When a court determines that the patient advocate is not complying with their duties or is not acting in the patient’s best interests.

• When the patient advocate resigns unless the patient has designated a successor advocate.

• When a patient communicates their intent to revoke. A physician, mental health professional, or health facility that obtains notice of the revocation must note the revocation in the patient’s records and provide notice to the patient advocate. Courts will resolve disputes regarding a patient’s revocation.

• When a patient executes a new patient advocate designation that is inconsistent to the earlier designation or expressly revokes the earlier designation.

• When a patient’s spouse is the patient advocate and the couple is in the process of separating, divorcing, or obtaining an annulment, the designation will be suspended until the completion of the action. When such an action is final, the designation will be revoked unless the patient has named a successor.

 

A revocation is only binding if the patient advocate receives notice of the revocation. Consequently, a person that acts pursuant to a patient advocate designation without actual knowledge of its revocation may bind the patient and their heirs.


Current as of June 2015