Detroit City Wire

Senator Ruth Johnson has introduced legislation aimed at establishing a clear framework in Michigan for family members or close friends to make critical medical decisions when necessary, rather than relying on a court-appointed guardian.

“I think most people believe this is how the system works now, but unfortunately — from a legal perspective — that is not really the case in Michigan,” said Johnson, R-Holly. “Unless you have a durable power of attorney for health care and it’s on file with the health care provider or your loved one knows to bring it with them to the hospital, they might not be able to make decisions for you if you become unable to make them for yourself.”

Currently, hospitals and other healthcare providers in Michigan face legal risks and uncertainty when providing treatment to an incapacitated person who does not have a clear authorized decision-maker. This situation can lead to petitions in local probate courts to appoint guardians with legal authority.

Senate Bill 482 proposes the creation of the Michigan Medical Treatment Decisions Act. This act would allow family members or close friends to serve as surrogate decision-makers during a loved one's incapacity.

“This is a commonsense reform that is long overdue in Michigan. There is some version of this in the vast majority of other states already,” said Johnson. “People in Michigan often rush to the hospital when something happens to a family member, only to have frustration added to their concern when they’re unable to help make the medical decisions they know their loved one would want when they become incapacitated. This reform would clarify who is able to direct care when time is critical.”

As of December 2022, 46 states had enacted default surrogate statutes for healthcare decisions, according to the American Bar Association. These laws facilitate timely patient care by allowing family members or close friends who understand individual wishes better than court-appointed guardians.

The proposed reform will not override any documented designation of patient advocates or advance directives filed with healthcare providers. Instead, it will establish an order of priority among family members or close friends for making necessary medical decisions.

Similar legislation was recently reported favorably by the House Judiciary Committee on a bipartisan basis. House Bill 4418 is sponsored by Rep. Jamie Thompson, R-Brownstown, and HB 4419 by Rep. Angela Witwer, D-Delta Township.