Sec. 5511.
(1) Irrespective of a previously expressed or evidenced desire, a current desire by a patient to have provided, and not withheld or withdrawn, a specific life-extending care, custody, or medical treatment is binding on the patient advocate, if known by the patient advocate, regardless of the then ability or inability of the patient to participate in care, custody, or medical treatment decisions or the patient's competency.
(2) A person providing, performing, withholding, or withdrawing care, custody, or medical or mental health treatment as a result of the decision of an individual who is reasonably believed to be a patient advocate and who is reasonably believed to be acting within the authority granted by the designation is liable in the same manner and to the same extent as if the patient had made the decision on his or her own behalf.
(3) A person providing care, custody, or medical or mental health treatment to a patient is bound by sound medical or, if applicable, mental health treatment practice and by a patient advocate's instructions if the patient advocate complies with sections 5506 to 5515, but is not bound by the patient advocate's instructions if the patient advocate does not comply with these sections.
(4) A mental health professional who provides mental health treatment to a patient shall comply with the desires of the patient as expressed in the designation. If 1 or more of the following apply to a desire of the patient as expressed in the designation, the mental health professional is not bound to follow that desire, but shall follow the patient's other desires as expressed in the designation:
(a) In the opinion of the mental health professional, compliance is not consistent with generally accepted community practice standards of treatment.
(b) The treatment requested is not reasonably available.
(c) Compliance is not consistent with applicable law.
(d) Compliance is not consistent with court-ordered treatment.
(e) In the opinion of the mental health professional, there is a psychiatric emergency endangering the life of the patient or another individual and compliance is not appropriate under the circumstances.
(5) If a dispute arises as to whether a patient advocate is acting consistent with the patient's best interests or is not complying with sections 5506 to 5515, a petition may be filed with the court in the county in which the patient resides or is located requesting the court's determination as to the continuation of the designation or the removal of the patient advocate.
History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 532, Imd. Eff. Jan. 3, 2005 Popular Name: EPIC
Structure Michigan Compiled Laws
Chapter 700 - Estates and Protected Individuals Code
Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)
Section 700.5501 - Durable Power of Attorney; Definition; Attorney-in-Fact.
Section 700.5503 - Relation of Attorney in Fact to Court-Appointed Fiduciary.
Section 700.5504 - Power of Attorney Not Revoked Until Notice.
Section 700.5505 - Proof of Continuance of Durable and Other Powers of Attorney by Affidavit.
Section 700.5507 - Patient Advocate Designation; Statement; Acceptance.
Section 700.5508 - Determination of Advocate's Authority to Act.
Section 700.5509 - Authority and Responsibilities of Patient Advocate; Suspension.
Section 700.5510 - Revocation of Patient Advocate Designation.
Section 700.5511 - Binding Effect; Liability of Provider; Exception; Dispute.
Section 700.5512 - Restrictions.
Section 700.5513 - Repealed. 2004, Act 532, Imd. Eff. Jan. 3, 2005.