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Committee hears personal testimony and stakeholder support for 'next‑of‑kin' surrogate medical decision bills
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 advocate. "Under this bill, things would be different," she said, explaining the bills create a prioritized list so the closest family member has authority to act for a short-term medical episode. Shannon clarified limits: the next-of-kin authority would not include stopping life‑sustaining treatment or consenting to mental‑health treatment and guardianship would remain available when needed.
Elizabeth Cutter, representing health‑care providers, told the committee the bills would help "effectuate patient intent" and give hospitals a clearer legal pathway to support patients and families while staff continue to encourage completion of patient advocate forms.
Genevieve Martin of Right to Life of Michigan supported the bills as consistent with laws in other states but urged two technical corrections: (1) the bill should use court terminology (guardian/temporary guardian/emergency guardian) rather than "surrogate" because courts lack an appointment rubric for surrogates; and (2) the enacting language appeared to repeal MCL 466h, which Martin said should not be repealed outright because it requires medical personnel to obtain consent before treatment. She offered an amendment to preserve necessary consent protections while integrating a surrogate mechanism.
Witnesses and the sponsor emphasized safeguards: the proposed surrogate decision maker status would be temporary and limited in scope, intended primarily to avoid short‑term emergency guardianship and to honor what the patient would likely have wanted. Committee members did not ask substantive questions during the hearing; the chair read additional letters of support into the record and adjourned.
The transcript does not include substitute bill text or committee amendments adopted during the meeting; technical drafting fixes were proposed and would need to be addressed in the substitute or later amendment process.
