Understanding advance directives (and why they matter)
As you age, perhaps the only thing more critical than quality healthcare is knowing how you’ll receive it – in case you can’t speak for yourself. Here is where advance directives are essential for both you and the loved ones who will act on your behalf.
Advance directives focus specifically on healthcare decisions.
These legal agreements offer clear instructions on how you wish to be cared for if you’re unable to express your wishes. This can include what medical treatments you would want in the event of illness or injury as well as the end-of-life care you wish to receive if this becomes necessary. The three most common types of advance directive are:
Patient advocate designation
Living will
Do-not-resuscitate order
There is also a specialized type of advance directive that allows you to donate your organs to others or even donate your body to a medical institution.
Patient advocate designation
This type of advance directive names a person (the patient advocate) to make decisions about your physical and mental healthcare.
It’s also known as a durable power of attorney for healthcare.
When setting this up, you should discuss your treatment choices with your patient advocate, family and doctor.
Living will
This type of advance directive is used to express your care preferences in the event that you become terminally ill.
It’s important to note that there’s no law in Michigan that recognizes living wills.
However, while this means a living will is not legally binding in Michigan, it can be helpful in providing guidance about your healthcare wishes to your patient advocate.
Do-not-resuscitate order
Most often referred to as a DNR, this type of advance directive specifies your end-of-life care preferences.
This order applies mainly to emergencies in your home or in a hospital, such as if you have a heart attack or you stop breathing.
Some nursing homes also have their own do-not-resuscitate policies.
How to set up an advance directive in Michigan
Each person’s needs are different, and your exact process for setting up an advance directive may vary. But the process typically includes these steps:
Define your needs: Start by meeting with your doctor about the types of treatments and procedures you may need in the future.
Patient’s advance directive: This form gives you the opportunity to list the treatments you do (or do not) want to be given.
Name a patient advocate: This person must sign a form to confirm they agree to this responsibility.
Complete a durable power of attorney for healthcare: Given the complexity of this form, it’s a good idea to consult with an attorney experienced in probate and elder law when completing it. You’ll also need two witnesses to sign this form.
Closing the loop: Completing all of the forms is only the first part. You also need to ensure that your doctor and patient advocate have copies. In addition, it’s a good idea to keep a copy for yourself in a safe place and give one to your attorney – or anyone else you feel should know about your advance directive (such as a nursing home, if you enter one).
Advance directives are just one of three key types of documents (along with powers of attorney and trusts) that are designed to pass authority to someone else to make financial or medical decisions for you.
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Buzz Suuppi
Buzz started The Plan Firm for his family, which is everything to him. Every member of his team is committed to providing effective estate planning and related solutions for families in St. Clair County, Michigan.