MI HB5833

Adds new Part 6 to Article V of the Estates and Protected Individuals Code establishing a legal framework for surrogate decisionmakers to make health care decisions for incapacitated adults and emancipated minors who lack a patient advocate or guardian.

Establishes a priority order for surrogate selection: designated individual, spouse, adult child, parent, adult sibling, or any adult exhibiting special care and concern for the patient who is reasonably available.

Requires surrogates to sign an acceptance of authority stating they cannot make decisions the patient could not make themselves, cannot withhold or withdraw life-sustaining treatment, and must act as a fiduciary in the patient's best interests.

Mandates surrogates provide written notice to family members within 7 days if continuing to act, and prohibits surrogates from being health facility employees or the patient's attending health professional unless no other surrogate is available.

Establishes liability provisions: health care providers acting in good faith are protected from liability, but intentional violations result in damages of $1,000 or actual damages plus attorney fees; fraudulent inducement or falsification of advance directives results in $2,500 or actual damages plus attorney fees.