Power of Attorney
Secure your birth plan with a Michigan-compliant Power of Attorney. Designated support for doulas to advocate for client preferences under MCL 566.132.
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In the fast-paced environment of Michigan labor and delivery units, having a legally recognized Power of Attorney ensures your doula can act as your designated advocate when you are unable to... Read more
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Legal Document
KNOW ALL PERSONS BY THESE PRESENTS, that I, [principal_name] (the "Principal"), a resident of the State of [state_law], being of sound mind and under no duress, do hereby make, constitute, and appoint [agent_name] (the "Agent" or "Attorney-in-Fact") as my true and lawful Agent, to act for me and in my name, place, and stead, with respect to the powers and authority described herein.
WHEREAS, the Principal desires to appoint the Agent to act on the Principal's behalf with respect to certain matters, as more particularly described herein; and
WHEREAS, the Agent is willing to accept such appointment and to act in accordance with the terms and conditions set forth in this instrument; and
WHEREAS, the Principal intends this Power of Attorney to be governed by the laws of the State of [state_law] and all applicable provisions of the Uniform Power of Attorney Act as adopted therein.
NOW, THEREFORE, the Principal hereby declares and grants this Power of Attorney as follows:
The Principal hereby appoints [agent_name] as the Principal's Attorney-in-Fact (the "Agent"). The Agent shall have the authority to act on behalf of the Principal in all matters described in this instrument, subject to any limitations expressly set forth herein. The Agent shall exercise such powers in a fiduciary capacity, in good faith, and in the best interests of the Principal at all times. The Agent shall act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances and shall not engage in any self-dealing or conflict of interest unless expressly authorized herein.
The authority granted to the Agent under this Power of Attorney is designated as follows and shall be construed in accordance with the applicable type of authority selected below.
Subject to the type of authority designated above, the Principal hereby grants the Agent the following specific powers and authority: [powers_granted] The Agent shall exercise the foregoing powers prudently and in the Principal's best interests. In the event of any ambiguity regarding the scope of the powers granted herein, such ambiguity shall be resolved in favor of granting the Agent the authority reasonably necessary to carry out the Principal's stated intentions. The Agent may employ and compensate, at the Principal's expense, such professionals, advisors, accountants, and attorneys as the Agent deems reasonably necessary to assist in the performance of the Agent's duties hereunder.
This Power of Attorney shall become effective as of [effective_date], subject to any springing provisions described in Section 2 above.
Any third party who receives a copy of this Power of Attorney, whether original, photocopy, or electronically transmitted, may rely upon the authority granted herein and may act in accordance with the Agent's instructions without liability to the Principal or the Principal's estate, heirs, or assigns. No third party shall be required to inquire into the validity or continuing effectiveness of this instrument, nor shall any third party be liable for acting in good faith reliance upon this Power of Attorney. A third party who refuses to honor this Power of Attorney may be liable for attorneys' fees and damages as provided by applicable law. The Principal hereby agrees to indemnify and hold harmless any third party who acts in good faith reliance upon the representations and authority of the Agent under this instrument.
The Principal reserves the right to revoke, amend, or modify this Power of Attorney at any time, provided that the Principal has the legal capacity to do so. Any revocation, amendment, or modification shall be in writing and shall be effective upon delivery of written notice to the Agent and to any third party who has previously relied upon this instrument. Until a third party receives actual written notice of revocation, such third party may continue to rely upon the authority granted herein and shall not be liable for any actions taken in good faith reliance upon this Power of Attorney prior to receiving such notice. Upon revocation, the Agent shall promptly return to the Principal all documents, records, property, and funds in the Agent's possession or control that belong to or relate to the affairs of the Principal.
This Power of Attorney shall be governed by, and construed and enforced in accordance with, the laws of the State of [state_law], including but not limited to the Uniform Power of Attorney Act as adopted by the State of [state_law] and any amendments thereto. The Principal consents to the exclusive jurisdiction of the courts of the State of [state_law] for the resolution of any disputes arising out of or relating to this instrument. If any provision of this Power of Attorney is held to be invalid, illegal, or unenforceable, such provision shall be severed from this instrument and the remaining provisions shall continue in full force and effect.
The Agent (Doula) is authorized solely to provide emotional, physical, and informational support. Pursuant to Michigan's regulatory standards for non-medical birth workers, the Agent is strictly prohibited from performing clinical or medical tasks, including but not limited to fetal heart monitoring, vaginal exams, or providing medical diagnoses. The Principal acknowledges that the Agent does not guarantee specific birth outcomes and the Principal hereby waives liability for medical complications arising from the decisions of licensed healthcare providers.
In accordance with the Bullard-Plawecki Employee Right to Know Act (MCL 423.501) and Michigan privacy standards, the Principal shall have the right to review any notes, logs, or documentation maintained by the Agent regarding the Principal’s care. Furthermore, this agreement shall not be construed to create a union-mandated relationship prohibited by the Michigan Right to Work Law (MCL 423.209), ensuring the Agent's services are rendered on an independent, non-coerced basis.
This Power of Attorney is executed in compliance with the Michigan Consumer Protection Act. The Agent has disclosed all fees and the non-medical nature of their services. The Principal's signature confirms they have not been provided with medical advice and understand that the Agent's role is to facilitate the Principal's pre-recorded birth plan preferences within the bounds of Michigan law.
[advocacy scope limit]
IN WITNESS WHEREOF, I have executed this Power of Attorney on the date first written above.
Principal
Name: Principal
Date: ___________________
In the fast-paced environment of Michigan labor and delivery units, having a legally recognized Power of Attorney ensures your doula can act as your designated advocate when you are unable to communicate your birth plan. This document bridges the gap between non-medical support and legal agency, protecting your autonomy during prenatal, labor, and postpartum care. By formalizing this relationship, you mitigate birth outcome liability and ensure that hospital staff recognize your doula's authority to facilitate your pre-stated medical preferences without violating Michigan's Scope of Practice boundaries.
Beyond the standard power of attorney sections, this template adds fields specific to Doula:
A power of attorney (POA) is a legal document that enables one person (the principal) to designate another person (the agent or attorney-in-fact) to make decisions and act on their behalf in specified or all matters. The document serves as a legal empowerment that allows the agent to manage affairs such as financial transactions, health care decisions, and legal proceedings, thereby ensuring the principal's affairs can be managed even if they are incapacitated or unavailable to oversee them directly.
Birth Outcome Liability
Include disclaimers in contracts that clarify the doula's role as non-medical and state explicitly that birth outcomes cannot be guaranteed.
Scope of Practice Violations
Draft clear scope of service documents that delineate non-medical support functions to avoid accusations of unauthorized medical practice.
Medical Advice Boundaries
Explicit contractual terms prohibiting the provision of medical advice and adherence to guidelines that require referral to medical professionals for medical issues.
For this power of attorney to be legally valid:
Common mistakes to avoid:
State Regulations
The regulation of doulas is predominantly at the state level. Few states, such as Oregon and Minnesota, have voluntary doula certification programs. These programs often provide guidelines on practice standards and client collaboration.
Enforced by State Health Departments
HIPAA (Health Insurance Portability and Accountability Act)
While doulas are not typically covered entities under HIPAA, those who work within or have affiliations to healthcare systems may need to adhere to HIPAA standards to ensure the protection of client privacy and medical information.
Enforced by U.S. Department of Health and Human Services, Office for Civil Rights (HHS OCR)
Recommended coverage: Professional Liability Insurance (Errors & Omissions) · General Liability Insurance
Only if explicitly granted. In Michigan, most doulas use a limited Power of Attorney to advocate for a pre-defined birth plan. Since doulas are non-medical professionals, this document typically empowers them to communicate your wishes to medical staff rather than diagnosing or prescribing treatments, which would violate scope of practice boundaries.
While Bullard-Plawecki (MCL 423.501) primarily governs employee personnel records, our document ensures that if your doula is part of a healthcare system or agency, your privacy and communication rights are protected in alignment with Michigan's statutory records disclosure requirements.
The Michigan Consumer Protection Act requires transparency in services. This POA clearly defines the doula's non-medical role, ensuring the relationship is transparent and reducing the risk of claims regarding unauthorized medical advice or deceptive practices.
State laws affect what must be in this document. Pick your jurisdiction.
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