LANSING, Mich. (Michigan News Source) – Senators Ruth Johnson (R-Holly) and Jim Runestad (R-White Lake) introduced a bill that would allow family members and close friends to make critical medical decisions when necessary.

The Michigan Medical Treatment Decisions Act would not supersede any preestablished patient advocates or directives on file, according to the press release. This legislation would allow for a family member or close friend to serve as a “surrogate decision-maker.”

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“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,” Johnson said. “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, incapacitated people who do not have clear authorized decision-makers pose legal risks to health care providers. The American Bar Association noted that 46 states have enacted default surrogate statutes for health care decisions as of December 2022.

“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,” Johnson said. “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.”

Similar legislation has also been introduced in the Michigan House, with House Bills 4418 and 4419, as the state’s lawmakers work to streamline the medical decision process.