Michigan Living Will Requirements
Based on MCL 700.5506-700.5520
Quick Summary
- Document type: Patient Advocate Designation
- 2 witnesses required
- Notarization not required
- Healthcare agent must sign an acceptance
Witness Requirements
Michigan requires 2 witnesses who are present when you sign your patient advocate designation. Witnesses have the following restrictions:
Witness restrictions:
- A witness cannot be the patient's spouse, parent, child, grandchild, or sibling
- A witness cannot be the patient's presumptive heir or a known devisee at the time of witnessing
- A witness cannot be the patient's physician
- A witness cannot be the patient advocate (the person being designated)
- A witness cannot be an employee of a life or health insurance provider for the patient
- A witness cannot be an employee of a health facility treating the patient
- A witness cannot be an employee of a home for the aged where the patient resides
- A witness cannot be an employee of a community mental health services program providing services to the patient
- A witness must not sign unless the patient appears to be of sound mind and under no duress, fraud, or undue influence
When Your Living Will Takes Effect
Your Michigan living will becomes effective when the following conditions are met:
Terminal Illness
Michigan does not define specific triggering conditions in statute. The patient advocate's authority activates when the patient is unable to participate in medical treatment decisions, as determined by the attending physician and one other physician or licensed psychologist.
Persistent Vegetative State
Michigan does not provide a statutory definition of persistent vegetative state. The patient defines their own conditions and wishes within the designation document itself.
Irreversible Condition
Michigan does not use "irreversible condition" as a triggering condition. Instead, the patient advocate's authority is based on the patient's incapacity to make decisions, and the patient must have specifically authorized the advocate to make end-of-life decisions.
Important Notes for Michigan
- Michigan follows the Estates and Protected Individuals Code, Act 386 of 1998, Article V, Part 5 (MCL 700.5506-5520)
- Michigan does NOT legally recognize "living wills" as binding documents — the legally binding advance directive is the Patient Advocate Designation
- A traditional living will can be used as a supplemental document to guide the patient advocate but has no independent legal force
- The patient advocate must sign an acceptance of the designation before acting, including ten required acknowledgment statements
- For decisions to withhold or withdraw treatment that would allow death, the patient must have expressed authorization in a "clear and convincing manner"
- The designation automatically suspends when the patient regains decision-making capacity and reactivates if capacity is subsequently lost
- A patient advocate cannot authorize withholding or withdrawing treatment from a pregnant patient if doing so would cause death
- Michigan has among the most restrictive witness requirements of any state
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.