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Bills would create next‑of‑kin surrogate medical decision process; backers say law would reduce guardianship filings
Summary
Representative Thompson and supporters told the House Judiciary Committee that House Bills 4418 and 4419 would establish a prioritized next‑of‑kin surrogate decision maker for medical decisions when an adult lacks a patient advocate designation, aiming to reduce short‑term guardianship petitions and preserve family time at end of life.
Representative Thompson presented House Bills 4418 and 4419 and described the bills as personal and aimed at clarifying who may make medical decisions when an adult loses capacity and has not executed a patient advocate designation. "These bills create a prioritized list of individuals who can serve as next of kin or surrogate decision maker in a medical crisis," Representative Thompson said, describing her own experience with her father's end of life care as motivating the measure.
Nicole Shannon, an attorney with the Michigan Elder Justice Initiative, told the committee Michigan is one of more than 30 states that currently do not automatically allow next of kin to make medical decisions and said the absence of a statutory default forces families and hospitals into the guardianship…
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