Powers of Attorney & Advance Directives
A will plans for what happens after you're gone. Powers of attorney and advance directives plan for something just as important: what happens if you're alive but unable to make decisions for yourself. These documents let you choose who steps in, instead of leaving your family to ask a court.
Financial power of attorney
A durable power of attorney names an agent to manage your finances and property (i.e. paying bills, managing accounts, handling real estate, dealing with taxes and benefits) if you become incapacitated. "Durable" means it stays in effect through incapacity, which is exactly when it's needed. A well-drafted financial POA can spare your family the cost and delay of a court-supervised conservatorship.
Patient advocate designation (healthcare)
Michigan's healthcare advance directive is the patient advocate designation. It names someone to make medical and mental health decisions for you if two physicians (or a physician and a psychologist) determine you can't participate in your own care. Michigan law has specific rules, including who can witness it and the clear, explicit language required before anyone can make end-of-life or certain mental health decisions on your behalf.
Why both matter
A complete plan pairs both documents, one for finances, one for health care, because each covers what the other can't. Together, they keep decisions in the hands of people you trust and can help your family avoid a guardianship or conservatorship proceeding.
Frequently asked questions
What's the difference between a power of attorney and a patient advocate designation?
A financial power of attorney covers money and property. A patient advocate designation covers medical and personal care decisions. Most people need both.
Can a power of attorney help us avoid guardianship?
Often, yes. If you've already named agents for finances and health care, your family usually won't need to ask a court to appoint a guardian or conservator.
When does a power of attorney take effect?
It depends how it's written. Many are "durable" and effective on signing; healthcare authority generally activates only once you're determined unable to participate in your care.