1. DESIGNATIONS
OF PATIENT ADVOCATE
Winter 2012

2. SOME DEFINITIONS
 Durable Power of Attorney
 Patient Advocate
 Living Will
 Last Will and Testament
 Living Trust
 Durable Power of Attorney for Finance
 Do Not Resuscitate Order
 Physician Orders for Life Sustaining
Treatment (POLST)

3. THE TRIGGERING EVENT
 The Patient becomes unable to make
decisions about his or her medical or
mental health care.
 Incapacity can be permanent or temporary

4. INCAPACITY DETERMINATION
 The determination must be made by two
licensed professionals
 Must be in writing and made part of medical
record
 Religious objections to examinations should be
in the designation
 HIPAA considerations

5. THE PATIENT ADVOCATE
 Makes those decisions the Patient would make
 Patient Advocate must adhere to Patient’s
expressly stated wishes
 Power to withhold or withdraw treatment
 Power to withhold or withdraw food and water
 Organ donation

6. WHO TO NAME AS
PATIENT ADVOCATE
 Someone you trust
 Spouse, child, friend
 Can I name more than one Patient
Advocate?

7. FORMAL REQUIREMENTS
 Age 18, competent
 In writing
 Signed and dated
 Eligible Adult Witnesses
 Part of Patient’s medical record
 Power not to be exercised until Patient is
unable to participate in decisions
 Formal acceptance by Patient Advocate

8. REVOCATION OF DESIGNATION
 Written Revocation
 Physical Destruction of Document
 Oral Revocation

9. MENTAL HEALTH DECISIONS
 What does it cover?
 Waiver of the right to revoke as to mental
health treatment decisions

10. WHAT CAN I DO?
 TAKE ACTION
 Make Designation of Patient Advocate part
of your overall estate plan
 Contact an attorney

11. Presented by:
HOWARD H. COLLENS
GALLOWAY AND COLLENS, PLLC
26075 WOODWARD AVENUE
SUITE 200
HUNTINGTON WOODS, MICHIGAN 48070
(248) 545-2500
GALLOWAYCOLLENS.COM
Howard@GallowayCollens.com
Twitter: @howardcollens
Disclaimer
The content of this handout and the accompanying presentation are for informational purposes only. The information presented does not
create an attorney-client relationship and is not intended to provide legal advice. As the law is constantly evolving and each case is fact
specific, you should contact a qualified attorney to review and analyze the facts and law as they relate to your individual circumstance.