November 3, 2004, Introduced by Senators HAMMERSTROM, PATTERSON and JACOBS and referred to the Committee on Health Policy.
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
by amending sections 1106, 5306, 5506, 5507, 5508, 5509, 5510,
5511, 5512, and 5520 (MCL 700.1106, 700.5306, 700.5506, 700.5507,
700.5508, 700.5509, 700.5510, 700.5511, 700.5512, and 700.5520),
sections 1106, 5506, 5507, 5508, and 5510 as amended by 2003 PA
63, section 5306 as amended and section 5520 as added by 2000 PA
312, and section 5509 as amended by 1999 PA 52, and by adding
section 5515; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1106. As used in this act:
2 (a) "Mental health professional" means an individual who is
3 trained and experienced in the area of mental illness or
4 developmental disabilities and who is 1 of the following:
5 (i) A physician who is licensed to practice medicine or
1 osteopathic medicine and surgery in this state under article 15
2 of the public health code, 1978 PA 368, MCL 333.16101 to
3 333.18838.
4 (ii) A psychologist licensed to practice in this state under
5 article 15 of the public health code, 1978 PA 368, MCL 333.16101
6 to 333.18838.
7 (iii) A registered professional nurse licensed to practice in
8 this state under article 15 of the public health code, 1978 PA
9 368, MCL 333.16101 to 333.18838.
10 (iv) A social worker registered as a certified licensed
or
11 otherwise allowed to practice as a social worker under article
12 15 part 185 of the public health code, 1978 PA
368, MCL
13 333.16101 to
333.18838 333.18501 to 333.18518.
14 (v) A physician's assistant licensed to practice in this
15 state under article 15 of the public health code, 1978 PA 368,
16 MCL 333.16101 to 333.18838.
17 (b) "Michigan prudent investor rule" means the fiduciary
18 investment and management rule prescribed by part 5 of this
19 article.
20 (c) "Minor" means an individual who is less than 18 years of
21 age.
22 (d) "Minor ward" means a minor for whom a guardian is
23 appointed solely because of minority.
24 (e) "Money" means legal tender or a note, draft, certificate
25 of deposit, stock, bond, check, or credit card.
26 (f) "Mortgage" means a conveyance, agreement, or arrangement
27 in which property is encumbered or used as security.
1 (g) "Nonresident decedent" means a decedent who was domiciled
2 in another jurisdiction at the time of his or her death.
3 (h) "Organization" means a corporation, business trust,
4 estate, trust, partnership, joint venture, association, limited
5 liability company, government, governmental subdivision or
6 agency, or another legal or commercial entity.
7 (i) "Parent" includes, but is not limited to, an individual
8 entitled to take, or who would be entitled to take, as a parent
9 under this act by intestate succession from a child who dies
10 without a will and whose relationship is in question. Parent
11 does not include an individual who is only a stepparent, foster
12 parent, or grandparent.
13 (j) "Patient advocate" means an individual designated to
14 exercise powers concerning another individual's care, custody,
15 and medical or mental health treatment or authorized to make an
16 anatomical gift on behalf of another individual, or both, as
17 provided in section 5506.
18 (k) "Patient advocate designation" means the written document
19 executed and with the effect as described in sections 5506 to
20 5512 5515.
21 (l) "Payor" means a trustee, insurer, business entity,
22 employer, government, governmental subdivision or agency, or
23 other person authorized or obligated by law or a governing
24 instrument to make payments.
25 (m) "Person" means an individual or an organization.
26 (n) "Personal representative" includes, but is not limited
27 to, an executor, administrator, successor personal
1 representative, and special personal representative, and any
2 other person who performs substantially the same function under
3 the law governing that person's status.
4 (o) "Petition" means a written request to the court for an
5 order after notice.
6 (p) "Proceeding" includes an application and a petition, and
7 may be an action at law or a suit in equity. A proceeding may be
8 denominated a civil action under court rules.
9 (q) "Professional conservator" means a person that provides
10 conservatorship services for a fee. Professional conservator
11 does not include a person who is an individual who is related to
12 all but 2 of the protected individuals for whom he or she is
13 appointed as conservator.
14 (r) "Professional guardian" means a person that provides
15 guardianship services for a fee. Professional guardian does not
16 include a person who is an individual who is related to all but 2
17 of the wards for whom he or she is appointed as guardian.
18 (s) "Property" means anything that may be the subject of
19 ownership, and includes both real and personal property or an
20 interest in real or personal property.
21 (t) "Protected individual" means a minor or other individual
22 for whom a conservator has been appointed or other protective
23 order has been made as provided in part 4 of article V.
24 (u) "Protective proceeding" means a proceeding under the
25 provisions of part 4 of article V.
26 Sec. 5306. (1) The court may appoint a guardian if the
27 court finds by clear and convincing evidence both that the
1 individual for whom a guardian is sought is an incapacitated
2 individual and that the appointment is necessary as a means of
3 providing continuing care and supervision of the incapacitated
4 individual, with each finding supported separately on the
5 record. Alternately, the court may dismiss the proceeding or
6 enter another appropriate order.
7 (2) The court shall grant a guardian only those powers and
8 only for that period of time as is necessary to provide for the
9 demonstrated need of the incapacitated individual. The court
10 shall design the guardianship to encourage the development of
11 maximum self-reliance and independence in the individual. If the
12 court is aware that an individual has executed a patient advocate
13 designation under section 5506, the court shall not grant a
14 guardian any of the same powers that are held by the patient
15 advocate. A court order establishing a guardianship shall
16 specify any limitations on the guardian's powers and any time
17 limits on the guardianship.
18 (3) If the court finds by clear and convincing evidence that
19 an individual is incapacitated and lacks the capacity to do some,
20 but not all, of the tasks necessary to care for himself or
21 herself, the court may appoint a limited guardian to provide
22 guardianship services to the individual, but the court shall not
23 appoint a full guardian.
24 (4) If the court finds by clear and convincing evidence that
25 the individual is incapacitated and is totally without capacity
26 to care for himself or herself, the court shall specify that
27 finding of fact in an order and may appoint a full guardian.
1 (5) If an individual executed a patient advocate designation
2 under section 5506 before the time the court determines that he
3 or she became a legally incapacitated individual, a guardian does
4 not have and shall not exercise the power or duty of making
5 medical or mental health treatment decisions that the patient
6 advocate is designated to make. If, however, a petition for
7 guardianship or for modification under section 5310 alleges and
8 the court finds that the patient advocate designation was not
9 executed in compliance with section 5506, that the patient
10 advocate is not complying with the terms of the designation or
11 with the applicable provisions of sections 5506 to 5512 5515,
12 or that the patient advocate is not acting consistent with the
13 ward's best interests, the court may modify the guardianship's
14 terms to grant those powers to the guardian.
15 Sec. 5506. (1) An individual 18 years of age or older who
16 is of sound mind at the time a patient advocate designation is
17 made may designate in writing another individual who is 18 years
18 of age or older to exercise powers concerning care, custody, and
19 medical or mental health treatment decisions for the individual
20 making the patient advocate designation. An individual making a
21 patient advocate designation under this subsection may include in
22 the patient advocate designation the authority for the designated
23 individual to make an anatomical gift of all or part of the
24 individual's body in accordance with this act and section 10102
25 of the public health code, 1978 PA 368, MCL 333.10102.
26 (2) For purposes of
this section and sections 5507 to 5512
27 5515, an individual who is named in a patient advocate
1 designation to exercise powers concerning care, custody, and
2 medical or mental health treatment decisions is known as a
3 patient advocate and an individual who makes a patient advocate
4 designation is known as a patient.
5 (3) A patient advocate designation under this section must be
6 in writing, signed, witnessed as provided in subsection (4),
7 dated, executed voluntarily, and, before its implementation, made
8 part of the patient's medical record with, as applicable, the
9 patient's attending
physician, and, if applicable, with the
10 mental health professional providing treatment to the patient,
11 the facility where the patient is located, or the community
12 mental health services program or hospital that is providing
13 mental health services to the patient. The patient advocate
14 designation must include a statement that the authority conferred
15 under this section is exercisable only when the patient is unable
16 to participate in medical or mental health treatment decisions,
17 as applicable, and, in the case of the authority to make an
18 anatomical gift as described in subsection (1), a statement that
19 the authority remains exercisable after the patient's death.
20 (4) A patient advocate designation under this section must be
21 executed in the presence of and signed by 2 witnesses. A witness
22 under this section shall not be the patient's spouse, parent,
23 child, grandchild, sibling, presumptive heir, known devisee at
24 the time of the witnessing, physician, or patient advocate or an
25 employee of a life or health insurance provider for the patient,
26 of a health facility that is treating the patient, or of a home
27 for the aged as defined in section 20106 of the public health
1 code, 1978 PA 368, MCL 333.20106, where the patient resides, or
2 of a community mental health services program or hospital that is
3 providing mental health services to the patient. A witness shall
4 not sign the patient advocate designation unless the patient
5 appears to be of sound mind and under no duress, fraud, or undue
6 influence.
7 (5) As used in this section, "community mental health
8 services program or hospital" means a community mental health
9 services program as that term is defined in section 100a of the
10 mental health code, 1974 PA 258, MCL 330.1100a, or a hospital as
11 that term is defined in section 100b of the mental health code,
12 1974 PA 258, MCL 330.1100b.
13 Sec. 5507. (1) A patient advocate designation may include a
14 statement of the patient's desires on care, custody, and medical
15 treatment or mental health treatment, or both. A patient
16 advocate designation may also include a statement of the
17 patient's desires on the making of an anatomical gift of all or
18 part of the patient's body under part 101 of the public health
19 code, 1978 PA 368, MCL 333.10101 to 333.10109. The patient may
20 authorize the patient advocate to exercise 1 or more powers
21 concerning the patient's
care, custody, and medical treatment,
22 or concerning mental health treatment, or the making of an
23 anatomical gift that the patient could have exercised on his or
24 her own behalf.
25 (2) A patient may designate in the patient advocate
26 designation a successor individual as a patient advocate who may
27 exercise powers concerning care, custody, and medical or mental
1 health treatment decisions or concerning the making of an
2 anatomical gift for the patient if the first individual named as
3 patient advocate does not accept, is incapacitated, resigns, or
4 is removed.
5 (3) Before a patient advocate designation is implemented, a
6 copy of the patient advocate designation must be given to the
7 proposed patient advocate and must be given to a successor
8 patient advocate before the successor acts as patient advocate.
9 Before acting as a patient advocate, the proposed patient
10 advocate must sign an acceptance of the patient advocate
11 designation.
12 (4) The acceptance of a designation as a patient advocate
13 must include substantially all of the following statements:
14 1. This patient advocate designation is not effective unless
15 the patient is unable to
participate in medical treatment
16 decisions regarding the patient's medical or mental health, as
17 applicable. If this patient advocate designation includes the
18 authority to make an anatomical gift as described in section
19 5506, the authority remains exercisable after the patient's
20 death.
21 2. A patient advocate shall not exercise powers concerning
22 the patient's care, custody, and medical or mental health
23 treatment that the patient, if the patient were able to
24 participate in the decision, could not have exercised on his or
25 her own behalf.
26 3. This patient advocate designation cannot be used to make
27 a medical treatment decision to withhold or withdraw treatment
1 from a patient who is pregnant that would result in the pregnant
2 patient's death.
3 4. A patient advocate may make a decision to withhold or
4 withdraw treatment that would allow a patient to die only if the
5 patient has expressed in a clear and convincing manner that the
6 patient advocate is authorized to make such a decision, and that
7 the patient acknowledges that such a decision could or would
8 allow the patient's death.
9 5. A patient advocate shall not receive compensation for the
10 performance of his or her authority, rights, and
11 responsibilities, but a patient advocate may be reimbursed for
12 actual and necessary expenses incurred in the performance of his
13 or her authority, rights, and responsibilities.
14 6. A patient advocate shall act in accordance with the
15 standards of care applicable to fiduciaries when acting for the
16 patient and shall act consistent with the patient's best
17 interests. The known desires of the patient expressed or
18 evidenced while the patient is able to participate in medical or
19 mental health treatment decisions are presumed to be in the
20 patient's best interests.
21 7. A patient may revoke his or her patient advocate
22 designation at any time and in any manner sufficient to
23 communicate an intent to revoke.
24 8. A patient may waive his or her right to revoke the
25 patient advocate designation as to the power to make mental
26 health treatment decisions, and if such a waiver is made, his or
27 her ability to revoke as to certain treatment will be delayed for
1 30 days after the patient communicates his or her intent to
2 revoke.
3 9.
8. A patient advocate may revoke his or her acceptance
4 of the patient advocate designation at any time and in any manner
5 sufficient to communicate an intent to revoke.
6 10. 9. A
patient admitted to a health facility or agency
7 has the rights enumerated in section 20201 of the public health
8 code, 1978 PA 368, MCL 333.20201.
9 Sec. 5508. (1) Except as provided under subsection (3), the
10 authority under a patient advocate designation is exercisable by
11 a patient advocate only when the patient is unable to participate
12 in medical treatment or, as applicable, mental health treatment
13 decisions. The patient's attending physician and another
14 physician or licensed psychologist shall determine upon
15 examination of the
patient when whether the patient is unable
16 to participate in medical treatment decisions, shall put the
17 determination in writing, shall make the determination part of
18 the patient's medical record, and shall review the determination
19 not less than annually. If the patient's religious beliefs
20 prohibit an examination and this is stated in the designation,
21 the patient must indicate
in the designation how it shall be
22 determined when the
patient advocate exercises powers concerning
23 decisions on behalf of
the patient the determination
under this
24 subsection shall be made. The determination of the patient's
25 ability to make mental health treatment decisions shall be made
26 under section 5515.
27 (2) If a dispute arises as to whether the patient is unable
1 to participate in medical or mental health treatment decisions, a
2 petition may be filed with the court in the county in which the
3 patient resides or is found
located requesting the court's
4 determination as to whether the patient is unable to participate
5 in decisions regarding
medical treatment decisions or mental
6 health treatment, as applicable. If a petition is filed under
7 this subsection, the court shall appoint a guardian ad litem to
8 represent the patient for the purposes of this subsection. The
9 court shall conduct a hearing on a petition under this subsection
10 as soon as possible and not later than 7 days after the court
11 receives the petition. As soon as possible and not later than 7
12 days after the hearing, the court shall determine whether or not
13 the patient is able to participate in decisions regarding medical
14 treatment decisions or
mental health treatment, as applicable.
15 If the court determines that the patient is unable to participate
16 in medical treatment the
decisions, the patient advocate's
17 authority, rights, and responsibilities are effective. If the
18 court determines that the patient is able to participate in
19 medical treatment the decisions, the patient advocate's
20 authority, rights, and responsibilities are not effective.
21 (3) In the case of a patient advocate designation that
22 authorizes a patient advocate to make an anatomical gift of all
23 or part of the patient's body, the patient advocate shall act on
24 the patient's behalf in accordance with section 10102 of the
25 public health code, 1978 PA 368, MCL 333.10102, and may do so
26 only after the patient has been declared unable to participate in
27 medical treatment decisions as provided in subsection (1) or
1 declared dead by a licensed physician. The patient advocate's
2 authority to make an anatomical gift remains exercisable after
3 the patient's death.
4 Sec. 5509. (1) An individual designated as a patient
5 advocate has the following authority, rights, responsibilities,
6 and limitations:
7 (a) A patient advocate shall act in accordance with the
8 standards of care applicable to fiduciaries in exercising his or
9 her powers.
10 (b) A patient advocate shall take reasonable steps to follow
11 the desires, instructions, or guidelines given by the patient
12 while the patient was able to participate in decisions regarding
13 care, custody, or medical
treatment, decisions or mental
14 health treatment, as applicable, whether given orally or as
15 written in the designation.
16 (c) A patient advocate shall not exercise powers concerning
17 the patient's care, custody, and medical or mental health
18 treatment that the patient, if the patient were able to
19 participate in the decision, could not have exercised on his or
20 her own behalf.
21 (d) This The
designation cannot be used to make a medical
22 treatment decision to withhold or withdraw treatment from a
23 patient who is pregnant that would result in the pregnant
24 patient's death.
25 (e) A patient advocate may make a decision to withhold or
26 withdraw treatment that would allow a patient to die only if the
27 patient has expressed in a clear and convincing manner that the
1 patient advocate is authorized to make such a decision, and that
2 the patient acknowledges that such a decision could or would
3 allow the patient's death.
4 (f) A patient advocate may choose to have the patient placed
5 under hospice care.
6 (g) A patient advocate under this section shall not delegate
7 his or her powers to another individual without prior
8 authorization by the patient.
9 (h) With regard to mental health treatment decisions, the
10 patient advocate shall only consent to the forced administration
11 of medication or to inpatient hospitalization, other than
12 hospitalization as a formal voluntary patient under section 415
13 of the mental health code, 1974 PA 258, MCL 330.1415, the patient
14 has expressed in a clear and convincing manner that the patient
15 advocate is authorized to consent to that treatment. If a
16 patient is hospitalized as a formal voluntary patient under an
17 application executed by his or her patient advocate, the patient
18 retains the right to terminate the hospitalization under section
19 419 of the mental health code, 1974 PA 258, MCL 330.1419.
20 (2) A patient advocate designation is suspended when the
21 patient regains the ability to participate in decisions regarding
22 medical treatment decisions
or mental health treatment, as
23 applicable. The suspension is effective as long as the patient
24 is able to participate in
medical treatment those decisions.
25 If the patient subsequently is determined under section 5508 or
26 5515 to be unable to participate in decisions regarding medical
27 treatment decisions or
mental health treatment, as applicable,
1 the patient advocate's authority, rights, responsibilities, and
2 limitations are again effective.
3 Sec. 5510. (1) A patient advocate designation is revoked by
4 1 or more of the following:
5 (a) The patient's death, except that part of the patient
6 advocate designation, if any, that authorizes the patient
7 advocate to make an anatomical gift of all or part of the
8 deceased patient's body in accordance with this act and section
9 10102 of the public health code, 1978 PA 368, MCL 333.10102.
10 (b) An order of removal by the probate court under section
11 5511(4) 5511(5).
12 (c) The patient advocate's resignation or removal by the
13 court, unless a successor patient advocate has been designated.
14 (d) The patient's revocation of the patient advocate
15 designation. Even Subject
to section 5515, even if the patient
16 is unable to participate in medical treatment decisions, a
17 patient may revoke a patient advocate designation at any time and
18 in any manner by which he or she is able to communicate an intent
19 to revoke the patient advocate designation. If there is a
20 dispute as to the intent of the patient to revoke the patient
21 advocate designation, the court may make a determination on the
22 patient's intent to revoke the patient advocate designation. If
23 the revocation is not in writing, an individual who witnesses a
24 revocation of a patient advocate designation shall describe in
25 writing the circumstances of the revocation, must sign the
26 writing, and shall notify, if possible, the patient advocate of
27 the revocation. If the patient's physician, mental health
1 professional, or health facility has notice of the patient's
2 revocation of a patient advocate designation, the physician,
3 mental health professional, or health facility shall note the
4 revocation in the
patient's medical records and bedside chart
5 and must shall
notify the patient advocate.
6 (e) A subsequent patient advocate designation that revokes
7 the prior patient advocate designation either expressly or by
8 inconsistency.
9 (f) The occurrence of a provision for revocation contained in
10 the patient advocate designation.
11 (g) If a patient advocate designation is executed during a
12 patient's marriage naming the patient's spouse as the patient
13 advocate, the patient advocate designation is suspended during
14 the pendency of an action for separate maintenance, annulment, or
15 divorce and is revoked upon the entry of a judgment of separate
16 maintenance, annulment, or divorce, unless the patient has named
17 a successor individual to serve as a patient advocate. If a
18 successor patient advocate is named, that individual acts as the
19 patient advocate.
20 (2) The revocation of a patient advocate designation under
21 subsection (1) does not revoke or terminate the agency as to the
22 patient advocate or other person who acts in good faith under the
23 patient advocate designation and without actual knowledge of the
24 revocation. Unless the action is otherwise invalid or
25 unenforceable, an action taken without knowledge of the
26 revocation binds the patient and his or her heirs, devisees, and
27 personal representatives. A sworn statement executed by the
1 patient advocate stating that, at the time of doing an act in
2 accordance with the patient advocate designation, he or she did
3 not have actual knowledge of the revocation of the patient
4 advocate designation is, in the absence of fraud, conclusive
5 proof that the patient advocate did not have actual knowledge of
6 the revocation at the time of the act.
7 Sec. 5511. (1) Irrespective of a previously expressed or
8 evidenced desire, a current desire by a patient to have provided,
9 and not withheld or withdrawn, a specific life-extending care,
10 custody, or medical treatment is binding on the patient advocate,
11 if known by the patient advocate, regardless of the then ability
12 or inability of the patient to participate in care, custody, or
13 medical treatment decisions or the patient's competency.
14 (2) A person providing, performing, withholding, or
15 withdrawing care, custody, or medical or mental health treatment
16 as a result of the decision of an individual who is reasonably
17 believed to be a patient advocate and who is reasonably believed
18 to be acting within the authority granted by the designation is
19 liable in the same manner and to the same extent as if the
20 patient had made the decision on his or her own behalf.
21 (3) A person providing care, custody, or medical or mental
22 health treatment to a patient is bound by sound medical or, if
23 applicable, mental health treatment practice and by a patient
24 advocate's instructions if the patient advocate complies with
25 sections 5506 to 5512
5515, but is not bound by the patient
26 advocate's instructions if the patient advocate does not comply
27 with these sections.
1 (4) A mental health professional who provides mental health
2 treatment to a patient shall comply with the desires of the
3 patient as expressed in the designation. If 1 or more of the
4 following apply to a desire of the patient as expressed in the
5 designation, the mental health professional is not bound to
6 follow that desire, but shall follow the patient's other desires
7 as expressed in the designation:
8 (a) In the opinion of the mental health professional,
9 compliance is not consistent with generally accepted community
10 practice standards of treatment.
11 (b) The treatment requested is not reasonably available.
12 (c) Compliance is not consistent with applicable law.
13 (d) Compliance is not consistent with court-ordered
14 treatment.
15 (e) In the opinion of the mental health professional, there
16 is a psychiatric emergency endangering life or health and
17 compliance is not appropriate under the circumstances.
18 (5) (4) If
a dispute arises as to whether a patient
19 advocate is acting consistent with the patient's best interests
20 or is not complying with
sections 5506 to 5512 5515, a petition
21 may be filed with the court in the county in which the patient
22 resides or is found located
requesting the court's
23 determination as to the continuation of the designation or the
24 removal of the patient advocate.
25 Sec. 5512. (1) A patient advocate cannot make a medical
26 treatment decision under the authority of or under the process
27 created by this section and sections 5506 to 5511 to withhold or
1 withdraw treatment from a pregnant patient that would result in
2 the pregnant patient's death.
3 (2) A health care provider shall not require a patient
4 advocate designation to be executed as a condition of providing,
5 withholding, or withdrawing care, custody, or medical or mental
6 health treatment.
7 (3) A life or health insurer shall not do any of the
8 following because of the execution or implementation of a patient
9 advocate designation or because of the failure or refusal to
10 execute or implement such a designation:
11 (a) Refuse to provide or continue coverage to the patient.
12 (b) Limit the amount of coverage available to a patient.
13 (c) Charge a patient a different rate.
14 (d) Consider the terms of an existing policy of life or
15 health insurance to have been breached or modified.
16 (e) Invoke a suicide or intentional death exemption or
17 exclusion in a policy covering the patient.
18 (4) A patient advocate designation shall not be construed to
19 condone, allow, permit, authorize, or approve suicide or
20 homicide.
21 (5) Except as
provided in subsections (2) and (3), this
22 section and sections 5506 to 5511 5515 only apply
to or affect
23 an individual who has executed a patient advocate designation or
24 an individual acting for or on behalf of another individual who
25 has executed a patient advocate designation.
26 (6) Nothing in this
section or sections 5506 to 5511 5515
27 shall be considered to authorize or compel care, custody, or
1 medical or mental health treatment decisions for a patient who
2 objects on religious grounds.
3 (7) A designation executed before the effective date of this
4 section with the intent of accomplishing a similar purpose as
5 this section is valid but
is subject to this section, section
6 5506(1) , and
sections 5507 to 5511 5515; must be in writing,
7 signed, witnessed or notarized, dated, and executed voluntarily;
8 and, before its implementation, must be made part of the
9 patient's medical or, as applicable, mental health treatment
10 record.
11 Sec. 5515. (1) A patient may waive the right to revoke a
12 patient advocate designation as to the power to exercise mental
13 health treatment decisions by making the waiver as part of the
14 document containing the designation. However, mental health
15 treatment provided to a patient under a designation in which the
16 patient has waived his or her right to revoke shall not continue
17 for more than 30 consecutive days, and the waiver does not affect
18 the patient's rights under section 419 of the mental health code,
19 1974 PA 258, MCL 330.1419.
20 (2) A patient advocate may exercise the power to make mental
21 health treatment decisions only if a physician and a mental
22 health practitioner both certify, in writing and after
23 examination of the patient, that the patient is unable to give
24 informed consent to mental health treatment. The patient may, in
25 the document containing the patient advocate designation,
26 designate a physician, a mental health practitioner, or both, to
27 make the determination under this subsection. If a physician or
1 mental health practitioner designated by the patient is unable or
2 unwilling to conduct the examination and make the determination
3 required by this subsection within a reasonable time, the
4 examination and determination shall be made by another physician
5 or mental health practitioner, as applicable.
6 Sec. 5520. A legally incapacitated individual who has a
7 guardian with responsibility for making medical or mental health
8 treatment decisions cannot then designate another individual to
9 make medical or mental health treatment decisions for the legally
10 incapacitated individual.
11 Enacting section 1. Section 5513 of the estates and
12 protected individuals code, 1998 PA 386, MCL 700.5513, is
13 repealed.
14 Enacting section 2. This amendatory act does not take
15 effect unless all of the following bills of the 92nd Legislature
16 are enacted into law:
17 (a) Senate Bill No. 1468.
18
19 (b) Senate Bill No. 1469.
20
21 (c) Senate Bill No. 1470.
22
23 (d) Senate Bill No. 1471.
24
25 (e) Senate Bill No. 1472.
26
27 (f) Senate Bill No. 1465.
1
2 (g) Senate Bill No. 1466.
3
4 (h) Senate Bill No. 1467.
5