Legal Question in Health Care Law in Michigan

To answer your question you must determine the scope of authority granted to the agent(s) in the power of attorney document. For example, if the power of attorney you refer to is merely a financial power of attorney and it contains no provisions for medical decision making, then that power of attorney will not be effective for making decisions about the person's care in a nursing home. On the other hand, if the power of attorney is for medical decision making (also referred to as a patient advocate designation), then that document will generally provide that the listed agent(s) (patient advocate) has care and treatment decision making authority. However, and this is very important, the agent under medical power of attorney has no authority to act unless and until the patient (nursing home resident) is unable to make informed medical decisions on their own. After the doctor(s) have determined that the patient is unable to make informed decisions AND if there is a validly executed medical power of attorney (or patient advocate designation) in place, then the person(s) listed in that document should be fully empowered to make health care and treatment decisions that are consistent with the provisions contained within the power of attorney document.