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Committee hears personal testimony and stakeholder support for 'next‑of‑kin' surrogate medical decision bills

Michigan House Judiciary Committee
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Summary

Sponsors and supporters told the House Judiciary Committee that House Bills 4418 and 4419 would create a prioritized list of surrogate medical decision‑makers for incapacitated patients without a patient advocate designation, aiming to reduce emergency guardianship; witnesses urged technical fixes to ensure courts retain authority and existing consent requirements remain intact.

Representative Thompson, sponsor of the probate bills, framed HB 4418 and HB 4419 around a personal family experience in which she said Michigan's rules forced her family to pursue guardianship to honor a loved one's end‑of‑life wishes. "Michigan is not a next of kin state," Thompson said, and the bills are designed to provide a clear default when no patient advocate designation exists.

Nicole Shannon, an attorney with the Michigan Elder Justice Initiative, testified that in contrast to more than 30 other states, Michigan does not automatically allow next of kin to make medical decisions when a person lacks a patient…

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