Health care directive in Michigan: form, signing and who decides

The form, who can witness, who can be your agent and who decides if you have no directive in Michigan.

Checked against official sources: October 31, 2026.

Short answer

Patient advocate designation

How to sign
Signed in front of two witnesses (no notary)
Who decides without a directive
No

The document and its form

Document
Patient advocate designation

Signing rules

How to sign

Sign and date the patient advocate designation in front of two qualified witnesses, who also sign. A notary is not part of the statutory rule. Before it can be used, it must be made part of your medical record, a copy must go to your patient advocate, and the patient advocate must sign an acceptance with the statements listed in MCL 700.5507(5). The designation must also say that the patient advocate's authority can be used only when you are unable to participate in medical or mental health treatment decisions.

Who signs

Signed and dated by you, voluntarily, in writing. You must be 18 or older and of sound mind.

Notary
Not required
Witnesses
2
Who cannot witness

A witness cannot be your spouse, parent, child, grandchild, brother or sister, presumptive heir, a known beneficiary under your will, your physician or your patient advocate, or an employee of your life or health insurer, of a health facility treating you, of a home for the aged where you live, or of a community mental health program or hospital giving you mental health services. Witnesses may sign only if you appear of sound mind and free of duress, fraud or undue influence.

Nursing facilities and special settings

Employees of a health facility treating you, of a home for the aged where you live, or of a community mental health services program or hospital providing you mental health services cannot be witnesses.

Electronic signing

Remote witnessing by two-way audiovisual technology was allowed only for designations signed from April 30, 2020 to June 30, 2021.

Law: MCL 700.1202

Law: MCL 700.5506(3)-(4), 700.5507(4)-(5)

Who can be your agent and what the agent can do

Who cannot be your agent

Your patient advocate must be an individual 18 or older. The statute does not list other people who are barred from serving.

Law: MCL 700.5506(1)

When the agent starts

The patient advocate can act only when you are unable to participate in medical treatment decisions. Your attending physician and another physician or licensed psychologist must examine you and put that finding in writing in your medical record, and review it at least once a year. For mental health treatment decisions, a physician and a mental health practitioner must certify in writing that you cannot give informed consent. The authority is suspended if you regain the ability to decide. A dispute can go to the probate court, which must hold a hearing within 7 days.

Law: MCL 700.5508, 700.5509(2), 700.5515(2)

Decisions an agent cannot make

A patient advocate can decide to withhold or withdraw treatment that would allow you to die only if you said clearly and convincingly that they may make that decision and that you know it could allow your death. A patient advocate cannot make a decision to withhold or withdraw treatment from a pregnant patient that would result in her death. They cannot be paid (only reimbursed expenses), cannot delegate without your prior permission, and can consent to forced mental health medication or inpatient hospitalization (other than as a formal voluntary patient) only if you clearly and convincingly authorized it. Your current wish to receive life-extending treatment always binds the patient advocate.

Law: MCL 700.5507(5), 700.5509, 700.5511(1), 700.5512

Revoking and conflicting documents

Revoking your agent

You can revoke a patient advocate designation at any time and in any manner that communicates your intent, even if you can no longer participate in medical decisions. If the revocation is not written, a person who witnesses it must describe it in writing, sign it, and notify the patient advocate if possible. A later designation that conflicts with the earlier one also revokes it. If you waived your right to revoke as to mental health treatment, that treatment can continue for up to 30 days after you communicate the revocation.

Law: MCL 700.5510(1), 700.5515(1)

Revoking your instructions

Your written wishes are part of the patient advocate designation and are revoked the same way.

Telling others

A physician, mental health professional or health facility that has notice of the revocation must note it in your record and bedside chart and notify the patient advocate. A patient advocate who acts in good faith without actual knowledge of the revocation is protected.

Divorce ends a spouse's authority
Yes · Divorce rules in Michigan (Divorce Law Map)
Conflicting documents

A later patient advocate designation revokes an earlier one expressly or to the extent they conflict.

Law: MCL 700.5510(1)(e)

Law: MCL 700.5510

If you have no directive

Who decides without a directive

Michigan's statutes do not set a general priority list of family members who may make medical decisions for an adult who has no patient advocate and no guardian.

Other states, registry and medical orders

POLST (medical orders)

Michigan Physician Orders for Scope of Treatment (MI-POST)

Official page

Mental health directive

A patient advocate designation can cover mental health treatment. You can waive your right to revoke it as to mental health treatment; if you then revoke, treatment cannot continue for more than 30 days. A mental health professional must follow the wishes you wrote unless an exception applies, such as a psychiatric emergency.

Law: MCL 700.5511(4), 700.5515

Law: MCL 333.5671 to 333.5685 (Part 56B, Public Health Code)

Free notice: revoke or change a health care directive

Names and addresses of people and facilities that should know. They go into your letter only.

Other formats

Sign the letter and keep a copy. This tool does not check whether your document is valid, and it is not legal advice.

Free help in Michigan

Report abuse or exploitation

Michigan Department of Health and Human Services, Adult Protective Services · 855-444-3911

Questions about powers of attorney in Michigan

How do I sign a health care directive in Michigan?

Sign and date the patient advocate designation in front of two qualified witnesses, who also sign. A notary is not part of the statutory rule. Before it can be used, it must be made part of your medical record, a copy must go to your patient advocate, and the patient advocate must sign an acceptance with the statements listed in MCL 700.5507(5).

Who decides my health care if I have no directive in Michigan?

Michigan's statutes do not set a general priority list of family members who may make medical decisions for an adult who has no patient advocate and no guardian.

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