(a) “Advance health care directive” means a power of attorney for health care or a record signed or authorized by a
prospective donor containing the prospective donor's direction concerning a health
care decision for the prospective donor. Advance health care directive includes a durable power of attorney and designation
of patient advocate under part 5 of article V of the estates and protected individuals
code, 1998 PA 386, MCL 700.5501 to 700.5520.
(b) “Declaration” means a record signed by a prospective donor specifying the circumstances under
which a life support system may be withheld or withdrawn from the prospective donor.
(c) “Health care decision” means any decision regarding the health care of the prospective donor.
(2) If a prospective donor has a declaration or advance health care directive or is
enrolled in a hospice program, and the terms of the declaration, directive, or enrollment
and the express or implied terms of a potential anatomical gift are in conflict with
regard to the administration of measures necessary to ensure the medical suitability
of a body part for transplantation or therapy, the prospective donor's attending physician,
the prospective donor, and, if appropriate, the hospice medical director shall confer
to resolve the conflict. If the prospective donor is incapable of resolving the conflict, an agent acting
under the prospective donor's declaration, directive, or hospice enrollment, or, if
none or the agent is not reasonably available, another person authorized by law other
than this part to make health care decisions on behalf of the prospective donor, shall
act for the donor to resolve the conflict. The authorized parties shall attempt to resolve the conflict as expeditiously as
possible. Authorized parties may obtain information relevant to the resolution of the conflict
from the appropriate procurement organization and any other person authorized to make
an anatomical gift for the prospective donor under section 10109. 1 Before resolution of the conflict, measures necessary to ensure the medical suitability
of the body part are permissible if they are not contraindicated by appropriate end-of-life
care as determined by the stated wishes of the prospective donor, by a written advance
health care directive, or, if appropriate, by the hospice medical director.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.