Michigan Laws 333.1053a – Execution of order by guardian on behalf of ward; form; signatures; printed or typed names; witness; identification bracelet; possession; access
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Terms Used In Michigan Laws 333.1053a
- Attending physician: means the physician who has primary responsibility for the treatment and care of a declarant. See Michigan Laws 333.1052
- Delegatee: means an individual to whom a physician has delegated the authority to perform 1 or more selected acts, tasks, or functions under section 16215 of the public health code, MCL 333. See Michigan Laws 333.1052
- Fraud: Intentional deception resulting in injury to another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means that term as defined in section 1104 of the estates and protected individuals code, 1998 PA 386, MCL 700. See Michigan Laws 333.1052
- Hospital: means that term as defined in section 20106 of the public health code, MCL 333. See Michigan Laws 333.1052
- identification bracelet: means a wrist bracelet that meets the requirements of section 7 and that is worn by a declarant while a do-not-resuscitate order is in effect. See Michigan Laws 333.1052
- Minor child: means an individual who is less than 18 years of age, has been diagnosed by an attending physician as having an advanced illness, and is not emancipated by operation of law as provided in section 4 of 1968 PA 293, MCL 722. See Michigan Laws 333.1052
- order: means a document executed under this act directing that, if an individual suffers cessation of both spontaneous respiration and circulation in a setting outside of a hospital, resuscitation will not be initiated. See Michigan Laws 333.1052
- Parent: means the natural or adoptive parent of a minor child who possesses legal decision-making authority as to the important decisions affecting the welfare of the minor child. See Michigan Laws 333.1052
- Physician: means an individual who is licensed or otherwise authorized to engage in the practice of medicine or the practice of osteopathic medicine and surgery under article 15 of the public health code, MCL 333. See Michigan Laws 333.1052
- School: means a nonpublic school or a public school as those terms are defined in section 5 of the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 333.1052
- Ward: means that term as defined in section 1108 of the estates and protected individuals code, 1998 PA 386, MCL 700. See Michigan Laws 333.1052
(1) A guardian with the power to execute a do-not-resuscitate order under section 5314 of the estates and protected individuals code, 1998 PA 386, MCL 700.5314, may execute a do-not-resuscitate order on behalf of a ward who is not a minor child after complying with section 5314 of the estates and protected individuals code, 1998 PA 386, MCL 700.5314. A guardian of a ward who is a minor child may execute a do-not-resuscitate order on behalf of the ward.
(2) An order executed under this section must be on a form described in section 4. The order must be dated, executed voluntarily, and signed by each of the following individuals:
(a) The guardian.
(b) The ward’s attending physician.
(c) Two witnesses 18 years of age or older, each of whom is not the ward’s spouse, parent, child, grandchild, sibling, or presumptive heir.
(3) The names of all signatories must be printed or typed below the corresponding signatures. A witness shall not sign an order unless the guardian appears to the witness to be of sound mind and under no duress, fraud, or undue influence.
(4) At any time after an order is signed and witnessed, the guardian, the attending physician or his or her delegatee, or an individual designated by the guardian may apply an identification bracelet to the ward’s wrist.
(5) A guardian who executes an order under this section shall do all of the following:
(a) Maintain possession of the order.
(b) Have the order accessible within the ward’s place of residence or other setting outside of a hospital.
(c) If applicable, provide a copy of the order to the following:
(i) The administrator of the ward’s school or to the administrator’s designee.
(ii) The administrator of a facility in which the ward is a patient or resident or to the administrator’s designee.