SB 33 Michigan Senate · 2025-2026 Regular Session

Probate: patient advocates; withholding life-sustaining treatment for a patient who is pregnant; allow. Amends secs. 5507 & 5509 of 1998 PA 386 (MCL 700.5507 & 700.5509).

Senate Bill 33 amends Michigan's Estates and Protected Individuals Code concerning patient advocate designations. The bill allows individuals to include specific instructions within their patient advocate designation regarding desired life-sustaining treatment, even if they are pregnant. It removes the existing legal prohibition that prevents patient advocates from making decisions to withhold or withdraw life-sustaining treatment from a pregnant patient if such a decision would result in the patient's death. This change enables a patient advocate to follow a pregnant patient's pre-expressed wishes concerning end-of-life care.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Apr 2025
Senate Passage
Apr 2025
House Passage
Governor
Introduced Feb 4, 2025 Last action Apr 17, 2025
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What changed between versions

Senate Introduced Bill As Passed by the Senate · 7 edits · Apr 17, 2025
MODERATE
This bill significantly expands the powers and protections for patient advocates in Michigan by adding new requirements for acceptance, clarifying rules for pregnancy-related medical decisions, and granting advocates the authority to choose hospice care. It also introduces a mechanism for patients to waive their right to revoke the designation for mental health decisions, with a 30-day delay on revocation for those specific powers. The changes aim to provide clearer guidance on how advocates should act in the patient's best interests while protecting specific rights regarding life-sustaining treatment and pregnancy.
Scope change
The bill's scope broadened from general patient advocacy to explicitly include anatomical gifts, hospice care decisions, and specific mental health treatment protocols, while adding new procedural requirements for accepting the role.
REQUIREMENT

New mandatory statements must be included when a patient advocate accepts their designation, covering effectiveness, limitations, and compensation rules.

Patients may now waive their right to revoke the patient advocate designation specifically for mental health treatment decisions, with a 30-day delay on revocation for those powers if a waiver is made.

Patient advocates are granted the new authority to choose to place a patient under hospice care.

Patient advocates must obtain prior authorization from the patient before delegating their powers to another individual.

New rules require patient advocates to act in accordance with fiduciary standards and presume that the patient's known desires expressed while able to participate are in their best interests.

DEFINITION

Patient advocate designations can now explicitly include instructions on anatomical gifts and how to resolve conflicts between advance directives and anatomical gift suitability.

ELIGIBILITY

Added a specific rule that patient advocates cannot use the designation to make decisions to withhold or withdraw life-sustaining treatment from pregnant patients that would result in the patient's death.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
10
Key actions
3
Committee
5
Apr 17, 2025
Committee
referred to Committee on Health Policy
lower
Apr 17, 2025
Introduced
received on 04/17/2025
lower
Apr 17, 2025
Upper · Passed
PASSED ROLL CALL # 55 YEAS 19 NAYS 17 EXCUSED 1 NOT VOTING 0
upper
Apr 16, 2025
Upper · Passed
REPORTED BY COMMITTEE OF THE WHOLE FAVORABLY WITHOUT AMENDMENT(S)
upper
Mar 20, 2025
Committee
REFERRED TO COMMITTEE OF THE WHOLE
upper
Mar 20, 2025
Upper · Passed
REPORTED FAVORABLY WITHOUT AMENDMENT 3/18/2025
upper
Feb 4, 2025
Committee
REFERRED TO COMMITTEE ON HOUSING AND HUMAN SERVICES
upper
Feb 4, 2025
Introduced
INTRODUCED BY SENATOR SARAH ANTHONY
upper
1 primary · 1 co-sponsor

Sponsors