The guardian must personally discuss the medical indications for the DNR Order with the ward’s attending physician. The guardian must visit the ward within 14 days before signing a DNR Order, and must attempt to discuss the proposed Order with the ward if meaningful communication is possible. Additionally, the guardian-ad-litem who investigates each guardianship petition for the court will now routinely discuss the issue with the alleged incapacitated individual and make a report to the court.

The court will now routinely consider whether or not to give a guardian this authority in every guardianship petition that is filed. The Court must have granted the guardian the baseline authority to consent to a DNR Order, although the court does not need to become involved in each individual decision. Three prerequisites must be in place before a guardian may sign a DNR Order for a ward located outside of a hospital: Importantly, this is the first time this form is available for nursing home residents, and should now be the only DNR authorization and order form that is used in that setting. This includes a nursing home, home for the aged, adult foster care facility, assisted living, hospice residence or the ward’s private residence. In addition to a specific grant of authority, the new laws provide a specific form for guardians to use to consent to DNR Orders for wards who are located anywhere outside of a hospital. These amendments were signed by Governor Snyder on November 5, 2013, and will take effect on February 5, 2014.

the incapacitated person for whom the guardian is responsible), provided certain prerequisites exist. The new laws make it clear that guardians have the authority to consent to DNR Orders for their wards (e.g. The Michigan Legislature recently put the debate to rest by amending the Do Not Resuscitate Procedure Act and the Estates and Protected Individuals Code. For many years, Michigan guardians and some courts held differing opinions about whether a guardian could consent to a Do Not Resuscitate (DNR) order for their wards.

Michigan data guardian