For past few years, the courts have been unclear as to whether a Guardian has the legal authority to execute a “Do Not Resuscitate” order when their ward may be in need of one. Why have the courts been unclear? Quite simply, Michigan’s statutes never provided a Guardian with express legal authority to do so.
The Probate Pro has confronted this issue repeatedly with no definitive answer. Judges in different courts would come to different conclusions with similar facts. Thankfully, on February 3, 2014, an amendment to Michigan law will go into effect which explicitly allows a Guardian to execute a DNR order on behalf of a ward where certain requirements are met.
A Do Not Resuscitate order, or DNR, is a legal directive to respect the wishes of a patient not to undergo cardiopulmonary resuscitation (CPR) or advanced cardiac life support (ACLS) if their heart were to stop or they were to stop breathing. A Do Not Resuscitate order allows you to choose before an emergency occurs whether you want CPR. It is a decision only about CPR. It does not affect other treatments, such as pain medicine, medicines, or nutrition.
MCL 700.5314 will now authorize a Guardian with the powers to:
- Give the consent or approval that is necessary to enable the ward to receive medical or other professional care, counsel, treatment, or service.
- Execute a Do Not Resuscitate order on behalf of a ward
- Reaffirm and/or revoke a Do Not Resuscitate order on behalf of a ward
The statute mandates that a guardian shall not execute a Do Not Resuscitate order unless the guardian does all of the following:
- Not more than 14 days before executing the Do Not Resuscitate order, the Guardian visits the ward and, if meaningful communication is possible, consults with the ward about executing the Do Not Resuscitate order
- The Guardian consults directly with the ward’s attending physician as to the specific medical indications that warrant the Do Not Resuscitate order.
- If a Guardian executes a Do Not Resuscitate order, not less than annually after the DNR order is first executed, the guardian shall do all of the following:
- Visit the ward and, if meaningful communication is possible, consult with the ward about reaffirming the DNR order.
- Consult directly with the ward’s attending physician as to specific medical indications that may warrant reaffirming the DNR.
This new amendment will bring clarity to the power of a Guardian to execute and carry out a Do Not Resuscitate order.
The Probate Pro can assist with these difficult and important estate planning decisions.