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At Estate Planning & Elder Law Services, we understand that planning for the future means more than just protecting your assets—it’s about ensuring your health care and financial decisions are handled exactly as you want, should you ever become unable to make them yourself. Advanced healthcare directives not only provide peace of mind but also save your loved ones from the stress of going to court for guardianship or conservatorship.
Here are the key things you need to know about these essential documents in Michigan.
What Are Advanced Healthcare Directives?
An advance healthcare directive is a legal document that lets you express your medical wishes ahead of time. It names someone you trust to make decisions for you if you’re unable to do so. This ensures your end-of-life care preferences, like withdrawing life support, are respected. To make sure your directive is clear and legally valid, it’s crucial to work with an experienced attorney who can guide you through the process.
What Is a Medical Power of Attorney (Patient Advocate Designation)?
A medical power of attorney, or Patient Advocate Designation (PAD), lets you choose someone to make health care decisions for you if you’re unable to. Unlike a living will (which isn’t valid in Michigan), a PAD gives your chosen advocate the legal authority to follow your wishes on treatments, end-of-life care, and even organ donation. At Estate Planning & Elder Law Services, we help you keep your PAD up to date and legally sound, so your wishes are always respected.
Why Do You Need a Financial Power of Attorney?
A financial power of attorney allows you to name someone you trust to handle your financial matters if you become incapacitated. This includes paying bills, managing investments, and making decisions about your assets.
Without a properly drafted financial power of attorney, your loved ones may face costly delays, needing to go to court to handle your financial matters. In Michigan, the Uniform Power of Attorney Act (UPOAA), effective July 1, 2024, ensures powers of attorney are clearer and more consistent.
If you already have one, don’t worry—it will still be valid. However, if you’re creating a new financial power of attorney, it must be notarized or signed in front of two witnesses.
What Is a Do-Not-Resuscitate (DNR) Order?
A Do-Not-Resuscitate (DNR) order is a legal document that tells medical personnel not to attempt CPR if your heart stops or you stop breathing. If this is your wish, Michigan law allows your doctor to issue a DNR and for you to wear a medical alert bracelet to make your preferences clear, regardless of your nursing home or care facility’s policies.
Having a medical power of attorney is crucial here too. It ensures your advocate can enforce your DNR order if you’re unable to communicate. Without it, emergency personnel may have to attempt resuscitation against your wishes.
Why HIPAA Authorization Matters
HIPAA laws protect your medical privacy, but they can also keep your loved ones in the dark if they need access to your health information. A HIPAA authorization allows your advocate or trusted family members to communicate with your doctors and make informed decisions on your behalf.
Including HIPAA authorization in your estate plan ensures that your family or advocate won’t be blocked from vital medical information during a crisis.
Be Prepared No Matter What Happens; Contact Our Skilled Estate Planning and Advanced Healthcare Directive Lawyers Today
Creating medical and financial powers of attorney might seem straightforward, but small mistakes can lead to big problems. At Estate Planning & Elder Law Services, our experienced attorney team will make sure your documents are not only legally enforceable but also tailored to your needs.
Let us help you create the right documents to protect your future. Contact us today to schedule a consultation and ensure your medical and financial powers of attorney reflect your wishes.
