Michigan Laws 330.1716 – Surgery; consent
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(1) Except as provided in subsections (2) and (3), a recipient of mental health services shall not have surgery performed upon him or her unless consent is obtained from 1 of the following:
(a) The recipient if he or she is 18 years of age or over and does not have a guardian for medical purposes.
Terms Used In Michigan Laws 330.1716
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Probate: Proving a will
(b) The guardian of the recipient if the guardian is legally empowered to execute a consent to surgery.
(c) The parent of the recipient who has legal and physical custody of the recipient, if the recipient is less than 18 years of age.
(d) The representative authorized to consent under a durable power of attorney or other advance directive.
(2) If the life of a recipient is threatened and there is not time to obtain consent, surgery may be performed without consent after the medical necessity for the procedure has been documented and the documentation has been entered into the record of the recipient.
(3) If surgery is considered advisable for a recipient, and if no one eligible under subsection (1) to give consent can be found after diligent effort, a probate court may, upon petition and after hearing, consent to performance of the surgery in lieu of the individual eligible to give consent.