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Start the free role checkWhat advance directives are
Advance directives are documents you sign while you have capacity that let trusted people make decisions for you — financial and medical — if illness or injury later prevents you from deciding yourself. Without them, your family may have to ask a Michigan court to appoint a guardian or a conservator, which takes time and expense.
The core Michigan documents
Durable power of attorney (MCL 556.205)
Authorizes an agent to handle your finances and property. Under Michigan's Uniform Power of Attorney Act a power of attorney is durable — it continues through your incapacity — when it is acknowledged before a notary or signed before two witnesses who are not agents it names (MCL 556.204, 556.205), and it is effective when signed unless it names a later date or event, such as your incapacity (MCL 556.209) — so who you name, and what you grant, matters.
Patient advocate designation (MCL 700.5506)
Names a patient advocate — an individual 18 or older — to make care, custody and medical treatment decisions for you when you cannot participate in them; you sign it while of sound mind, dated and witnessed by two persons the statute does not exclude, and the advocate signs an acceptance before acting (MCL 700.5506; MCL 700.5507, 700.5508).
Your treatment wishes, in the designation
Michigan has no separate living-will statute. A patient advocate designation may state your wishes about care, custody and medical treatment, and it becomes part of your medical record (MCL 700.5507); the advocate's authority begins only when you are unable to participate in medical treatment decisions (MCL 700.5508).
Guardian nomination & HIPAA authorization
If a guardianship ever becomes necessary, a Michigan court gives priority to a person you chose or nominated — including in a durable power of attorney — and to your patient advocate or agent (MCL 700.5313), and a power of attorney may nominate a conservator or guardian for a later proceeding (MCL 556.208); a HIPAA authorization lets named people receive your medical information. Often added to round out the set.
Why you need these even with a Trust
A revocable living Trust handles the assets inside it, but it does not make medical decisions, and it doesn't cover assets you never transferred in. Advance directives fill those gaps — and together with a will and a Trust, they keep decisions in the hands of people you chose, not a court.
Putting the set together in Michigan
Which directives you need, and how they're worded, depends on your situation, your family, and your wishes. This page is general information, not legal advice. A free role check can show you where you stand, and a Michigan attorney can prepare directives that fit you.
General information about Michigan law, not legal advice.
Frequently asked questions
- What is a patient advocate designation in Michigan?
- A written designation by which an individual 18 or older of sound mind names another individual 18 or older to make care, custody and medical or mental health treatment decisions, dated, signed and witnessed as MCL 700.5506 provides; the patient advocate signs an acceptance before acting (MCL 700.5507).
- When does a Michigan patient advocate's authority begin?
- Only when the patient is unable to participate in medical treatment decisions, as determined in the manner MCL 700.5508 provides.
General information about Michigan law, not legal advice.