Execution of Order by Guardian on Behalf of Ward; Form; Signatures; Printed or Typed Names; Witness; Identification Bracelet; Possession; Access.

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Sec. 3a.

(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.

History: Add. 2013, Act 155, Eff. Feb. 4, 2014 ;-- Am. 2020, Act 363, Eff. Apr. 4, 2021


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