700.5501 Durable power of attorney; definition; attorney-in-fact. Sec. 5501. (1) A durable power of attorney is a power of attorney by which a principal designates another as the principal’s attorney-in-fact in a writing that contains the words “This power of attorney is not affected by the principal’s subsequent disability or incapacity, or by the lapse […]
700.5502 Durable power of attorney not affected by lapse of time, disability, or incapacity; legal description of real estate not required. Sec. 5502. An act done by an attorney in fact under a durable power of attorney during a period of disability or incapacity of the principal has the same effect and inures to the […]
700.5503 Relation of attorney in fact to court-appointed fiduciary. Sec. 5503. (1) If, following execution of a durable power of attorney, a court of the principal’s domicile appoints a conservator, estate guardian, or other fiduciary charged with the management of all of the principal’s property or all of his or her property except specified exclusions, […]
700.5504 Power of attorney not revoked until notice. Sec. 5504. (1) The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person who, without actual knowledge of the principal’s death, acts in good faith […]
700.5505 Proof of continuance of durable and other powers of attorney by affidavit. Sec. 5505. (1) If an attorney in fact acts in good-faith reliance on a power of attorney, durable or otherwise, and executes a sworn statement stating that, at the time of the action, the attorney in fact did not have actual knowledge […]
700.5506 Designation of patient advocate; “community mental health services program or hospital” defined. Sec. 5506. (1) An individual 18 years of age or older who is of sound mind at the time a patient advocate designation is made may designate in writing another individual who is 18 years of age or older to exercise powers […]
700.5507 Patient advocate designation; statement; acceptance. Sec. 5507. (1) A patient advocate designation may include a statement of the patient’s desires on care, custody, and medical treatment or mental health treatment, or both. A patient advocate designation may also include a statement of the patient’s desires on the making of an anatomical gift of all […]
700.5508 Determination of advocate’s authority to act. Sec. 5508. (1) Except as provided under subsection (3), the authority under a patient advocate designation is exercisable by a patient advocate only when the patient is unable to participate in medical treatment or, as applicable, mental health treatment decisions. The patient’s attending physician and another physician or […]
700.5509 Authority and responsibilities of patient advocate; suspension. Sec. 5509. (1) An individual designated as a patient advocate has the following authority, rights, responsibilities, and limitations: (a) A patient advocate shall act in accordance with the standards of care applicable to fiduciaries in exercising his or her powers. (b) A patient advocate shall take reasonable […]
700.5510 Revocation of patient advocate designation. Sec. 5510. (1) A patient advocate designation is revoked by 1 or more of the following: (a) The patient’s death, except that part of the patient advocate designation, if any, that authorizes the patient advocate to make an anatomical gift of all or part of the deceased patient’s body […]
700.5511 Binding effect; liability of provider; exception; dispute. Sec. 5511. (1) Irrespective of a previously expressed or evidenced desire, a current desire by a patient to have provided, and not withheld or withdrawn, a specific life-extending care, custody, or medical treatment is binding on the patient advocate, if known by the patient advocate, regardless of […]
700.5512 Restrictions. Sec. 5512. (1) A patient advocate cannot make a medical treatment decision under the authority of or under the process created by this section and sections 5506 to 5511 to withhold or withdraw treatment from a pregnant patient that would result in the pregnant patient’s death. (2) A health care provider shall not […]
700.5513 Repealed. 2004, Act 532, Imd. Eff. Jan. 3, 2005. Compiler’s Notes: The repealed section pertained to conflict with provision of mental health code.Popular Name: EPIC
700.5515 Revocation of patient advocate designation; waiver; exercise of power by patient advocate; conditions. Sec. 5515. (1) A patient may waive the right to revoke a patient advocate designation as to the power to exercise mental health treatment decisions by making the waiver as part of the document containing the designation. However, mental health treatment […]
700.5520 Guardian making medical or mental health decisions; designation of another individual prohibited. Sec. 5520. A legally incapacitated individual who has a guardian with responsibility for making medical or mental health treatment decisions cannot then designate another individual to make medical or mental health treatment decisions for the legally incapacitated individual. History: Add. 2000, Act […]
