Medical Power Of Attorney In Michigan

Medical Power of Attorney in Michigan

Planning for End-of-Life Medical Care

Planning for end-of-life medical care is never easy. Unfortunately, if you are incapacitated or unable to communicate, the burden of making your medical and end-of-life decisions may be unexpectedly placed on the shoulders of family members who are not prepared for the task. Even worse, your medical decisions could be placed in the hands of the courts. Imagine if there was no one appointed to make medical decisions on your behalf, or if your loved ones had no instructions on your wishes and they were left to guess.

What Is A Medical Power of Attorney in Michigan?

In Michigan, a Medical Power of Attorney (sometimes called a Health Care Power of Attorney, Power of Attorney for Medical Decisions, or Durable Power of Attorney for Health Care) is a legal document that authorizes someone you trust to make medical decisions on your behalf.

The person you appoint to make your medical decisions is often known as your Patient Advocate. Your Patient Advocate is given the authority to make medical decisions for you in the event that it is determined that you are incapable of making decisions or are unable to communicate, usually due to being incapacitated.

What Happens Without a Healthcare Power of Attorney?

When deciding who should act as your Patient Advocate, it’s important to choose someone who you trust and who is capable of making your critical medical decisions if you are unable to communicate your wishes yourself.

Some people may be too emotional or unprepared to make these decisions. In other cases, courts may appoint someone you would not have chosen, or a Guardian and/or Conservator might need to be appointed to make medical decisions. Disagreements may also arise if your wishes were not previously recorded.

What Are the Benefits of a Medical Power of Attorney in Michigan?

By preparing a Medical Power of Attorney, you legally empower someone to make proper medical and end-of-life decisions on your behalf should the need arise. Planning ahead ensures that someone capable is appointed rather than someone unprepared or unsuited for the role.

It’s often advisable to prepare a Living Will in addition to your Medical Power of Attorney. While the Medical Power of Attorney appoints someone to legally act on your behalf, your Living Will outlines your actual wishes for them to follow. This ensures that your Patient Advocate can make decisions according to your preferences and eliminates confusion about treatments you would or would not have wanted.

Medical Power of Attorney in Michigan

What Are The Limitations?

Unlike a Living Will, the Medical Power of Attorney generally does not dictate your wishes for your medical care; it only gives the legal authority to your Personal Representative to make medical decisions on your behalf. This is why it is highly recommended that when planning for end-of-life care, you prepare both a Medical Power of Attorney and a Living Will. At the very least, you should have an open and honest discussion with your Patient Advocate about the types of treatments that you would like performed (and those you would not).

A Medical Power of Attorney also doesn’t appoint anyone to manage your finances if you are incapacitated. This can be a problem if you are incapacitated or comatose for a long period of time. You may need someone to pay your medical bills, house payments, and taxes. This is why we usually combine a Medical Power of Attorney with a Financial Power of Attorney (also known as a Durable Power of Attorney for Finances or a Property Power of Attorney).

How Do I Make A Medical Power of Attorney in Michigan?

A Medical Power of Attorney helps you plan for complicated end-of-life decisions. For this reason, it is usually best to consult with an experienced Estate Planning Attorney to ensure that this document is written accurately based on your wishes and is legally binding.

If you would like to have a Medical Power of Attorney drafted, we can help you. Over the past decade, we’ve helped 1,000s of families in all matters of Powers of Attorney, Wills, Living Trusts, Estate Planning, and Probate.

Just give us a call at (248) 613-0007 to schedule your complimentary consultation.