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Mich. Comp. Laws Ann. § 700.5509 - Authority and responsibilities of patient advocate; suspension

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Michigan defines the “authority, rights, responsibilities, and limitations” of patient advocates as follows:

  • Patient advocates must “take reasonable steps to follow” the wishes that their patient expressed, orally or in writing and while still capable, regarding medical or mental health treatment.
  • Patient advocates may only make decisions regarding treatment if the patient, while still capable, would have the authority to make such decisions.
  • Patient advocates cannot make a decision to “withhold or withdraw treatment” if such an action would cause their pregnant patient to die.
  • Patient advocates may only choose to “withhold or withdraw” life sustaining treatment if their patient has authorized such action “in a clear and convincing manner” and has recognized that withholding or withdrawing treatment could cause their death.
  • Patient advocates may elect hospice care for their patients.
  • Patient advocates may only delegate their authority to another if the patient consents.
  • When making mental health treatment decisions, patient advocates must have “clear and convincing” authorization from their patient before consenting to the “forced administration of medication or to inpatient hospitalization.” This limitation does not apply if the patient is hospitalized as a “formal voluntary patient” pursuant to § 330.1415. However, formal voluntary patients have the right to terminate their hospitalization pursuant to § 330.1419.

A patient advocate’s authority only lasts for the duration of their patient’s inability to make medical or mental health decisions.

Current as of June 2015