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  • By: Vincent Carlson, Esq.
Man holding an open red book in an office setting.

In this article, you can discover…

  • The legal and personal value of having a power of attorney in place.
  • Whether your spouse can make medical decisions without a power of attorney.
  • How to select the right person as your power of attorney.

Why Is A Power Of Attorney (POA) Important For Medical And Financial Decisions?

If no one has the legal power to make medical or financial decisions for you, serious questions such as “Should we sell the house?” or “Would Mom want life to be on support?” go unanswered should you become incapacitated. There will be a lot of complex and difficult choices to make, and without a power of attorney in place, there will likely be a court battle to determine who will have that power.

Having a financial and medical power of attorney in place helps protect against those uncertainties and strife. Consider the case of Terry Schiavo; her family battled for years, at odds as to what was best for her. Estate planning documents could have prevented these disputes.

You never know what might happen or when, and preparing for the future and for even the most unlikely situations is the smartest move to make.

Can My Spouse Make Medical And Financial Decisions If I Don’t Have A POA?

While your spouse would be considered next of kin, they do not automatically have the power of attorney. They do not even automatically have the right to receive medical information about you due to HIPAA laws.

It is important to plan ahead and create power of attorney documents that give your loved ones the right to receive information about your case and handle your care. This is crucial for young people as well, as even the young and healthy can meet with accidents, leaving their families uncertain of what to do.

Whether you are married or unmarried, it is crucial to appoint financial and medical powers of attorney.

How Can I Decide Who I’ll Appoint As Power Of Attorney?

Ideally, your power of attorney should be a competent, responsible person who is local. It can be inconvenient for a loved one to have to fly all the way from Alaska or Florida, so having a trusted person nearby who can handle these matters is best.

It is also crucial to have a backup power of attorney choice lined up. This person will step in should your first choice refuse the responsibility, pass away, be unable to fulfill their duties, or be out of the country when they are needed.

Does Michigan Law Recognize Verbal Or Informal POA Agreements?

No. Your power of attorney agreements must be in writing and signed. It is best to have an attorney help you with the process. Handwritten, verbal, or generic online agreements will not suffice.

Remember, downloading forms from NOLO does not guarantee that these documents are structured correctly for the state of Michigan, and it would be extremely frustrating to discover that something you paid money for online lacks security and validity when you need to use it.

Conveniently, Michigan now has a statutory power of attorney form, though seeking legal help with this document is still best. Reach out to an experienced estate planning attorney today to ensure your power of attorney documents are correct and legally accepted.

Still Have Questions? Ready To Get Started?

For more information on power of attorney documents in Michigan, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (231) 726-4357 today.