{"data":{"id":"us-mi/mich.-comp.-laws-330.1716","jurisdiction":"us-mi","citation":"Mich. Comp. Laws § 330.1716","heading":"Surgery; consent.","body":"Sec. 716.\n\nExcept 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:\n\nThe recipient if he or she is 18 years of age or over and does not have a guardian for medical purposes.\n\nThe guardian of the recipient if the guardian is legally empowered to execute a consent to surgery.\n\nThe parent of the recipient who has legal and physical custody of the recipient, if the recipient is less than 18 years of age.\n\nThe representative authorized to consent under a durable power of attorney or other advance directive.\n\nIf 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.\n\nIf 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.","path":["MI Code","Chapter 330","Act Act-258-of-1974"],"source_url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-330-1716","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:31Z","sha256":"1ef11e428052c4392aa8fc8da852fb6102cd9890e2ac7519b6d1fa46b7568bce","source_id":"us-mi","stale":false,"prev":"us-mi/mich.-comp.-laws-330.1715","next":"us-mi/mich.-comp.-laws-330.1717"},"notice":"GroundRules: Original legal text. Not legal advice."}