A medical advance directive is a legal document that tells healthcare providers what your medical treatment choices are during certain medical emergencies. You create a medical advance directive before a medical emergency happens. Then, if there is an emergency where you are not able to say what treatment you do/do not want, the medical advance directive would state your wishes.

A copy of your advance directive should be kept in your medical/mental health records, at your doctor’s office, in your home, and with your patient advocate.

In the state of Michigan, an adult “of sound mind” may have a medical advance directive. So, if you have a guardian, or the court finds you are not able to make your own treatment decisions, you would not be able to have an advance directive.

Michigan law states that certain people may not witness an advance directive on your behalf. This includes guardians, spouses, other family members, healthcare workers or anyone who would get gifts/income at the time of your death.

A durable power of attorney is a phrase often used with medical advance directives. When you create an advance directive, you may also name who has the power to make decisions for you when you are not able to make decisions for yourself. The person is called an “Agent” or “Patient Advocate.” A Durable Power of Attorney is a medical advance directive that states who your Patient Advocate/Agent is and what types of decisions he/she can make on your behalf.

A patient advocate is the person you identify in your advance directive as the one who may make decisions about your medical or psychiatric care if you become unable to make medical or psychiatric decisions for yourself.

Anyone who is competent, 18 years or older, and does not have a guardian, may be a patient advocate.

An advance directive is only valid if you named a patient advocate/agent. So, it is required to include your patient advocate when completing the advance directive forms.