Wednesday, April 17, 2024

Michigan Considers Default Surrogate Law

In 2014, the Michigan Bar Journal printed an article titled "How Long Can Michigan Tread Water Without a Family Consent Law?" Apparently, the answer is "ten years."

Almost every jurisdiction in the United States specifies who can make healthcare decisions for an incapacitated patient with no available agent or guardian. Michigan does not. But S.B. 832, introduced today, may change that.  

Unfortunately, the bill follows the New York model by giving default surrogates a rather narrow scope of decision making authority.  For example they could not authorize "withholding or withdrawing of medical treatment from the patient that would result in the patient's death."



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