Legislation establishing a clear framework for family members or close friends to make critical medical decisions when necessary was introduced this week
Key Points:
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- SB 482 was introduced by Senator Ruth Johnson (R-Holly)
- Currently, hospitals and other health care providers face legal risks and uncertainty when providing treatment to an incapacitated person who does not have a clear authorized decision-maker.
- This bill creates the Michigan Medical Treatment Decisions Act to allow a family member or close friend to serve as a surrogate decision-maker in the event of a loved one’s incapacity.
- The reform would not supersede any documented designation of a patient advocate or any advance directives on file with the health care provider. Instead, it would establish an order of priority for family members or close friends to help with medical decisions when necessary.
- As of December 2024, 46 states had enacted default surrogate statutes for health care decisions.
“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 Senator Johnson. “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.”
Next Steps:
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- The legislation was referred to the Senate Health Policy Committee for consideration.
- Similar bipartisan legislation was recently reported by the House Judiciary Committee.
