HOUSE BILL No. 4358


     March 2, 1999, Introduced by Reps. Law, Woronchak, Richner and Green and referred to the Committee on Senior Health, Security and Retirement.


        A bill to amend 1998 PA 386, entitled

   "Estates and protected individuals code,"

   by amending section 5509 (MCL 700.5509).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 5509.  (1) An individual designated as a patient advo-

 2    cate has the following authority, rights, responsibilities, and

 3    limitations:

 4         (a) A patient advocate shall act in accordance with the

 5    standards of care applicable to fiduciaries in exercising his or

 6    her powers.

 7         (b) A patient advocate shall take reasonable steps to follow

 8    the desires, instructions, or guidelines given by the patient

 9    while the patient was able to participate in care, custody, or

10    medical treatment decisions, whether given orally or as written

11    in the designation.


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 1         (c) A patient advocate shall not exercise powers concerning

 2    the patient's care, custody, and medical treatment that the

 3    patient, if the patient were able to participate in the decision,

 4    could not have exercised on his or her own behalf.

 5         (d) This designation cannot be used to make a medical treat-

 6    ment decision to withhold or withdraw treatment from a patient

 7    who is pregnant that would result in the pregnant patient's

 8    death.

 9         (e) A patient advocate may make a decision to withhold or

10    withdraw treatment that would allow a patient to die only if the

11    patient has expressed in a clear and convincing manner that the

12    patient advocate is authorized to make such a decision, and that

13    the patient acknowledges that such a decision could or would

14    allow the patient's death.

15         (F) UNLESS CLEARLY CONTRADICTORY TO THE PATIENT'S DESIRES, A

16    PATIENT ADVOCATE MAY CHOOSE TO HAVE THE PATIENT PLACED UNDER HOS-

17    PICE CARE.

18         (G)  (f)  A patient advocate under this section shall not

19    delegate his or her powers to another individual without prior

20    authorization by the patient.

21         (2) A patient advocate designation is suspended when the

22    patient regains the ability to participate in medical treatment

23    decisions.  The suspension is effective as long as the patient is

24    able to participate in medical treatment decisions.  If the

25    patient subsequently is determined under section 5508 to be

26    unable to participate in medical treatment decisions, the patient





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 1    advocate's authority, rights, responsibilities, and limitations

 2    are again effective.

 3         Enacting section 1.  This amendatory act takes effect April

 4    1, 2000.
















































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