Questions and Answers on Protecting Your Rights as a Patient

What is a Durable Power of Attorney for Health Care?
A Durable Power of Attorney for Health Care (DPOA-HC) is a legal mechanism which allows you to appoint a person (agent/patient advocate) to make health care decisions for you should you become unable to do so. For many years, a Durable Power of Attorney was available to allow another person to handle personal, financial or business affairs on your behalf. Public Act 312 of 1990 amended the DPOA law to allow you to appoint a patient advocate for the express purpose of making medical decisions for you should that become necessary.

Must I have a DPOA-HC?
NO. A DPOA-HC is not required in order to receive proper health care. No insurance company, hospital, nursing home or other health care provider can require that you have a DPOA-HC as a condition for receiving services. The purpose of a DPOA-HC is to provide others with directions on how you would like to be treated if you cannot make those decisions. You may determine what medical treatment you should or should not receive and under what circumstances your preferences will be carried out.

Is a DPOA-HC the same as a “living will”?
YES and NO. A DPOA-HC and a “living will” both fall under the broad category of “advance directives” -- legal mechanisms for directing your health care when you are unable. But they are also significantly different in the way they accomplish this goal. Under a DPOA-HC, a person, your appointed patient advocate, makes decisions based on your wishes and the circumstances of your medical condition at that particular time. A “living will,” by contrast, is simply a written statement of your wishes, which must be interpreted and implemented by someone, perhaps a family member or your physician. “Living wills” are not legally binding in Michigan.

Do I need a “living will” then?
Definitely not. Since you may write your desires for treatment in your DPOA-HC, and because “living wills” are not legally binding in Michigan, your best interests will not be served by using any type of prepared “living will” form. Because “living wills” cannot anticipate future medical advances or changing life circumstances, they often hinder rather than help medical decision making.

Where can I get more information?
One free hard copy of the booklet Protecting Your Rights as a Patient: Durable Power of Attorney for Health Care will be provided for those interested. Additional copies are $1 each. Please visit one of the Right to Life of Michigan Educational Resource Centers listed to the right, call 616/532-2300 or e-mail info@rtl.org to obtain copies. A PDF format of Protecting Your Rights as a Patient: Durable Power of Attorney for Health Care is available from Right to Life of Michigan on-line at www.rtl.org.

The Right to Life of Michigan Resource Centers also have a wide selection of educational materials dealing with end-of-life issues. Thought-provoking brochures on pain management, physician-assisted suicide and living wills. Also, the video and companion study guide, Perspectives on Euthanasia, take an in-depth look at techniques used and arguments for and against euthanasia. Books and videos can be borrowed to help individuals or families learn more about this life issue.

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