If you want your end-of-life wishes followed, then you need a written document that informs doctors, other healthcare providers, and family members what type of medical care a patient wants to receive should they become terminally ill or permanently unconscious.

But how do you accomplish this? If you are counting on a legal document to accomplish your end-of-life wishes, misunderstanding the law in this area can be dangerous. To ensure that your wishes are known and respected, educate yourself about the facts—and misconceptions—about termination of life support documents in Michigan.

Myth #1: A Living Will is a Legally Binding Document in Michigan.

This is a common misconception about end-of-life documents in Michigan. While a living will is a legally binding document in the vast majority of U.S. states, Michigan is one of the very few states that does not have a statute recognizing a living will as legally binding. That’s not to say a living will is useless in Michigan; it may be considered evidence of the signer’s wishes. However, it does not carry the same legal weight as a legally valid end-of-life document.

Under Michigan laws, individuals should have a properly-drafted patient advocate designation (PAD). A patient advocate designation allows you to appoint someone you trust to make end-of-life decisions on your behalf. While your patient advocate cannot be compelled to abide by preferences stated in a living will, the person you choose may use a living will as a reference for your wishes.

Myth #2: A Patient Advocate Designation is the Same Thing as a Living Will.

These two documents are distinct from one another. A living will expresses what you care you do and do not want at the end of your life; a patient advocate designation identifies the person you want making end-of-life decisions for you in the event that you become incapacitated and allows them to carry out your wishes in the situations covered in the document.

Michigan has very specific laws on how a patient advocate designation works, so make sure to work with an attorney who specializes in this to make sure you have the proper document in place. A living will is not the same thing and should never be relied on in the state of Michigan.

Myth #3: If I Have an End-Of-Life Document, My Doctors Will Automatically Follow It.

Many people think that having a legal document in place is enough. Unfortunately, this is not necessarily true, especially if you don’t want your medical team to take all possible measures to extend your life.

For example, if you are terminally ill, with no hope of recovery, you may not want CPR if your heart stops. CPR can be very painful, and may only extend your life slightly without improving its quality. You might prefer that if your heart stops, you be allowed to pass away naturally without intervention. For that reason, you may express in your living will that you do not want CPR.

However, in the absence of a legally binding directive to the contrary, a medical team may be compelled to provide life-sustaining treatment like CPR or a ventilator. If you would prefer not to have these or other measures, you should have a designated patient advocate who has been informed of your wishes through your living will.

Your patient advocate designation should explicitly authorize your advocate to make decisions about life-extending treatment. Your document should allow your patient advocate to authorize, sign, and implement a Do Not Resuscitate Order under Michigan’s Do-Not-Resuscitate Procedure Act. That way, your advocate will have the authority to ask your doctors to abide by your wishes.

Myth #4: My Spouse or Adult Child Can Automatically Make Medical and End-of-Life Decisions for Me.

This dangerous misconception lulls many people into a false sense of security and causes heartache for families. The truth is that in Michigan, no one has automatic legal authority to make end-of-life decisions for someone else unless they have been appointed to do so by a court (as a guardian) or through a patient advocate designation. Without a document specifying whom you authorize to make these decisions, arguments can erupt between your loved ones at a time when they should be focusing on your needs.

Myth #5: I Don’t Need to Execute a Patient Advocate Designation; My Family Knows My Wishes.

This is another one that gets families into trouble. You may have discussed your end-of-life wishes with your loved ones, but that doesn’t mean they will remember and honor those wishes. They may have retained less than you imagine, or the stress of your health crisis and the prospect of losing you may cause them to ask doctors to “do everything possible,” even if that’s not what you would have wanted.

It is critical that you execute a properly drafted patient advocate designation to make sure that your wishes are followed. This not only allows your loved ones to carry out your wishes, but it also relieves the stress and expense of having to seek a guardianship in the probate court to make your termination of life support wishes.

Work with an Experienced Estate Planning Attorney for End-of-Life Issues

When you want to create a patient advocate designation, it is important to work with an experienced estate planning attorney because each legal document is drafted by the attorney. If a provision is missing from the document, your wishes may not be followed. In addition if it isn’t drafted or executed properly, your patient advocate may not have the legal authority to carry out your wishes. Putting your patient advocate and other estate documents in place will offer peace of mind to you and your loved ones when it matters most. To ensure your end-of-life wishes are honored, contact our law office.

Schedule a consultation today by calling (248) 213-9514in Michigan or (941) 222-2199in Florida to learn how we can assist you. You can also use our simple online contact form.