Living Wills/Medical Powers of Attorneys
Michigan does not recognize living wills. Michigan has a statute that authorizes Medical Powers of Attorney that gives another person the ability to make health care decisions when the person who signed the document is unable to do so. The person that has the power to make the health care decisions is called a Patient Advocate. A Patient Advocate only has the authority to act while the person who gave it is unable to communicate. The Patient Advocate does not have the authority to end medical treatment if it is likely to cause death unless that power is specifically given in writing to the Patient Advocate.
There can be many reasons for a trust. Many individuals desire a trust to avoid probate. Where an individual will have less than $600,000 in assets at death, a trust is not likely needed as there is no inheritance tax in Michigan. However, it still may be needed to protect from spendthrift beneficiaries, disabled beneficiaries, or to control funds long after one’s death. Guidance from an experienced attorney is required when exploring the necessity of this document.
This document is essential for planning how your assets will be distributed at a person’s death. Failure to have a will means that a person’s assets will pass through intestacy, in other words, by the rules of the state, rather than by the decedent’s desires. An individual should have a will even if that person has a trust because the will acts as a backup for any assets that do not get into the trust. A will should name a personal representative (executor) who will administer a will, a guardian (a person who determines how to take care of minors) and a conservator (the person who will handle the minors’ finances). It must be signed before two witnesses in order to be valid.
Primarily serving the cities of Ypsilanti, Ann Arbor, and the counties of Wayne and Washtenaw, although we extend our legal services throughout the State of Michigan.
Call Wolverine Law today at 734.481.8911 or contact us to set up an appointment for a free consultation.