Living Will and Advance Directive in Michigan
Michigan never passed a living will statute. A standalone living will here is guidance, not law — the document that actually binds is a patient advocate designation.
Important: Clear Path Document Services is a non-attorney document preparation service and cannot provide legal advice. No attorney-client relationship is created. Read full disclaimer
Quick Answer
Michigan has no living will statute. A document titled 'living will' is not independently enforceable here — doctors may consider it as evidence of your wishes, but nobody is legally bound by it. The Michigan document that carries legal force is the patient advocate designation under MCL 700.5506, in which you name a person to make medical decisions for you when two physicians (or a physician and a licensed psychologist) determine you cannot make them yourself. It must be signed in front of two qualifying witnesses, and your patient advocate must sign an acceptance before acting. To refuse life-sustaining treatment on your behalf, the designation must contain a specific statement that your advocate may make decisions that could or would allow your death, and you must have signed it expressly. The practical answer is to combine the two: a patient advocate designation with your written health care wishes built in. That is what Clear Path prepares. We are not a law firm and do not give legal or medical advice.
Who qualifies for this service?
This document preparation service is a fit for Michigan residents who match the criteria below. If your situation is different, contact us and we'll tell you whether we can help or whether you should speak with an attorney.
- Any Michigan adult who wants a say in their care if they cannot speak for themselves
- People who downloaded a living will form and want to know whether it works in Michigan
- Adults facing surgery, a diagnosis, or a hospital admission
- Parents of adult children who need a HIPAA authorization to be told anything
- Seniors putting a complete plan together alongside a will or trust
- Anyone who wants to spare their family an impossible decision made blind
How the process works
Clear, predictable steps from intake to court-ready paperwork.
Choose your advocate
One person who will be reachable and can hold their ground under pressure, plus a successor.
We review your matter
We talk through your wishes in plain English — life support, feeding tubes, pain management, mental health treatment, and organ donation.
Written quote
Flat preparation fee, quoted in writing after review. Nothing is purchased online.
Documents prepared
Patient advocate designation with your written instructions, mental health treatment provisions, and a HIPAA authorization.
Signing and witnesses
Signed before two qualifying witnesses, with in-office signing available at our Marysville office.
Distribution
A checklist for delivering copies to your advocate, your doctor, your hospital system, and your family.
Paperwork we organize for you
Document preparation only. We do not represent you in court.
Documents and information you'll need
- Your full legal name, address, and date of birth
- Name, address, and phone number for your patient advocate
- Name and contact for a successor advocate
- Your wishes on life support, artificial nutrition and hydration, and pain management
- Your physician and preferred hospital system
- Photo ID for the signing appointment
Common mistakes to avoid
Small errors can cost you weeks. Here's what we see most often.
- Relying on a standalone living will. In Michigan it is not binding on its own.
- Leaving out the specific life-sustaining treatment statement, which is what allows your advocate to decline treatment.
- Using witnesses who are disqualified — your spouse, heirs, presumptive heirs, the patient advocate, or an employee of your treating health facility cannot witness it.
- Never having the patient advocate sign the acceptance, which means they cannot act.
- Keeping the only copy in a safe deposit box nobody can open at 2 a.m.
- Confusing this with a financial power of attorney. Health care and money are separate documents.
- Assuming it is a do-not-resuscitate order. Michigan DNR orders are a separate form signed with a physician.
Local Michigan considerations
Michigan's advance directive law is the patient advocate designation, MCL 700.5506 through 700.5515. The designation must be in writing, signed, dated, and witnessed by two people, and Michigan disqualifies as witnesses the person's spouse, parent, child, grandchild, sibling, presumptive heir, known devisee, the patient advocate, and an employee of a life or health insurance provider or of the health facility treating the patient. The advocate's authority begins only when the person is determined to be unable to participate in medical treatment decisions, which requires a determination by the attending physician and a second physician or licensed psychologist. Authority to make decisions that could or would allow the patient's death requires a specific statement in the document, expressly signed. Michigan also has separate forms for a do-not-resuscitate order and for a Physician Orders for Scope of Treatment (POST) form, both signed with a physician. Confirm current requirements with your health system.
Key Terms
- Patient advocate designation
- The Michigan document naming who makes your medical decisions when you cannot — the state's legally binding advance directive.
- Living will
- A written statement of health care wishes. Michigan has no statute making one independently enforceable.
- Patient advocate
- The person you name to make health care decisions on your behalf.
- HIPAA authorization
- Written permission allowing named people to receive your medical information.
- DNR order
- A do-not-resuscitate order, a separate Michigan form signed with a physician.
People Also Ask
Reviewed and updated by the Clear Path document team. Informational only — not legal advice.
Ready to get your paperwork started?
Start the guided intake, or call or text us — we review every matter before quoting a price, and nothing is purchased online.