Decisions about your health care
 Hospice recognizes that all persons have a fundamental right to make decisions regarding their own medical treatment, including the right to accept or refuse medical care. It is the policy of both the Hospice at Home and South Haven Area Hospice to encourage individuals and their families/caregivers to participate in decisions regarding care and treatment.
Valid Advance Directives, such as Living Wills, Medical Powers of Attorney, and DNR (Do Not Resuscitate) orders will be followed to the extent permitted and required by law. In the absence of Advance Directives, our Hospice organizations will provide appropriate care according to the plan of care authorized by the attending physician. Hospice will not condition the provision of care or otherwise discriminate against an individual based on whether or not an individual has executed an advanced directive or DNR.
Who makes your health care decisions?
As long as you are able, you make the decisions about your care. Your doctors should tell you about the treatments they recommend, other reasonable alternatives and important medical risks and benefits of the treatment. You have the right to decide which health care, if any, you will accept.
What happens if you become unable to make or communicate your health decisions?
If you planned ahead, you can still have some control over your health care decisions. One way to plan ahead is by making a health care directive which names someone to make these decisions for you, or which guides or controls these decisions. If you have not named someone in a health care directive, your doctors must seek a person authorized by law to make these decisions. A person who makes health care decisions for you is called a surrogate.
What is a health care directive?
A health care directive is a written statement about how you want your health care decisions made. Under Michigan law, there are three common types of health care directives:
1. A Health Care Power of Attorney is a written statement in which you name an adult to make health care decisions for you. That person will make health care decisions for you only when you cannot make or communicate such decisions, based upon your stated wishes.
2. A Living Will is a written statement about health care you do or do not want. It is to be followed if you cannot make or communicate your own health care decisions.
3. A DNR is a directive refusing certain lifesaving emergency care given either outside or inside a hospital.
Must your health care directives be followed?
Yes. Health care providers and surrogates must follow valid health care directives.
Can you be required to make a health care directive?
No. Whether you make a health care directive is entirely up to you. A health care provider may not refuse care based on whether or not you have a health care directive.
Can you revoke or change a health care directive?
Yes. You may change or revoke your health care directive at any time. You should notify everyone who has a copy.
Who can legally make health care decisions for you if you are unable to make decisions and if you have not named a health care power of attorney?
A court may appoint a guardian to make health care decisions for you. Otherwise, your health care provider must go down the following list, in this order, to find a legal surrogate to make health care decisions for you:
- Your husband or wife, unless you are legally separated.
- Your adult child. If you have more than one child, a majority of those who are available.
- Your mother or father.
- Your domestic partner, unless someone else has financial responsibility for you.
- Your brother or sister.
- A close friend of yours (someone who shows concern for you and is familiar with your health care views).
If your health care provider cannot find an available and willing surrogate to make your health care decisions for you, then your doctor can decide with the advice of an ethics committee or, if this is not possible, with the advice of another physician.
You can keep anyone from becoming your surrogate by saying, preferably in writing, that you do not want that person to make health care decisions for you.
A legal surrogate will not have the right to refuse the use of tubes to give you food or fluids unless:
- You have appointed that surrogate to make health care decisions in a health care power of attorney, or
- A court has appointed that surrogate as your guardian to make health care decisions for you, or
- You have stated in a health care directive that you do not want that specific treatment.
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