State Rep. Jamie Thompson this week outlined before a House committee why Michigan must become a “Next of kin” state for medical care to support families during life’s most difficult moments.

Under current law, when a person becomes incapacitated without a medical power of attorney in place, Michigan families are often left to navigate complex and time-consuming legal processes – including court petitions for guardianship – before they can make urgent medical decisions for a loved one. In some situations, these delays can have profound and tragic ramifications.

“When my father was gravely ill and passed away in 2023, my family experienced firsthand the emotional and legal challenges caused by the lack of a clear next of kin framework,” Thompson said. “Countless other families experience these same hurdles every year. It’s extremely important that we install clarity, support and peace of mind for people across our state in these situations when time is of the essence. Families should not be on the phone with an attorney or trying to get a court order when they only have days or hours left to spend with a loved one.”

Thompson’s bill is part of bipartisan plan that formulates a practical process for health care decisions when no advance directive is in place by establishing a patient surrogate through Next of kin. Next of kin traditionally means a closest living blood relative, but how that’s determined can often become a legal matter that can be drawn out instead of dictated clearly through family history.

Thompson was joined in testimony by Nicole Shannon, an attorney at the Michigan Elder Justice Initiative, and Elizabeth Kutter with the Michigan Hospital Association.

“Under this bill, one’s closest family member would have priority to serve as their medical decision maker if they single and have not signed a designation of patient advocate,” said Shannon. “Michiganders are still free and encouraged to execute patient advocate designations, but for the millions of people who have not signed these documents, this bill will provide an important default.” 

“These bills will be an effective way forward,” said Thompson, who is also a nurse. “Since I introduced this legislation, I have heard from numerous health professionals who are supportive of these plans, and they have reported to me that they would fill a critical gap in our laws. These are crucial reforms for Michigan families and our hardworking care providers.”

House Bill 4418, which Thompson has sponsored, and HB 4419 remain under consideration in the House Judiciary Committee.