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Statutory Citations
Michigan
Michigan Power of Attorney for Health Care Act [1990, 2000, 2001], Mich. Comp. Laws Ann., §§700.496.

Michigan Dignified Death Act [1997, 2002], Mich. Comp. Laws Ann., §§ 333.5651-5661. (S.781 & H.5258 - Effective 1.8.02.)


Documents

Free advance directive documents and instructions from Partnership for Caring.


Court Cases
Michigan
Case In re Martin, 450 Mich. 204, 538 N.W.2d 399 (1995)
Court Michigan supreme Court
Year 1995
Patient (age) Michael Martin (41)
Nutrition + hydration Gastrostomy
Mental capacity Conscious but severely impaired; unable to communicate; no hope of improvement
Decision maker(s) Wife
Setting Michigan nursing home
Patient's Wishes Martin's wife testified as to her husband's previously expressed desire not to be kept alive if in a condition such as the one he was in.
Court's Decision

The court indicated that forgoing life sustaining treatment -- including artificially provided nutrition and hydration -- from a patient in Michael Martin's condition would be acceptable if a "clear and convincing evidence" standard of evidence of a patient's previously expressed wishes was met. The court ruled, however, that Martin's wife did not meet the clear and convincing standard, and refused to authorize removal of the feeding tube. The court ruled narrowly on this case, and indicated a looser standard of evidence might be acceptable and appropriate for "patients who have never been competent, patients in a persistent vegetative state, patients experiencing great pain, or patients who are terminally ill."

Outcome Michael Martin's artificial feeding continues.
Citation Partnership for Caring, Inc. (2001), Fact Sheet, In re Martin.
   

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