A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.
Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.
In Michigan, a living will is not specifically recognized by state statutes, but the state does recognize Advance Health Care Directives through a document known as a 'Patient Advocate Designation' or 'Durable Power of Attorney for Health Care.' This legal document allows an individual (the principal) to appoint a patient advocate (similar to a health care proxy) to make medical treatment decisions on their behalf if they become unable to participate in medical treatment decisions. The patient advocate is authorized to make decisions regarding the withholding or withdrawal of life-sustaining treatment if the principal is in a terminal condition or is unable to communicate their wishes. Michigan law also recognizes Do Not Resuscitate (DNR) orders, which allow individuals to refuse cardiopulmonary resuscitation (CPR) in the event of cardiac or respiratory arrest. These documents should be prepared in accordance with Michigan's Estates and Protected Individuals Code (EPIC) and other relevant laws to ensure they are legally effective.