Two Reasons to Establish a Durable Power of Attorney

Do you have a plan for who could make decisions or take actions on your behalf if you were incapacitated? Many people think about estate planning as answering questions for what happens to your property after you pass away. But this leaves out important considerations for who will take over your affairs if you are still alive but unable to take action or speak for yourself. There are two primary reasons to create a durable power of attorney in Michigan.

The first of these is to keep an individual with decision making power in charge of handling those aspects after a person who appointed them is no longer able to provide their official input.

Secondly, a durable power of attorney may be necessary when a medical doctor deems the person who created the power of attorney no longer fit to make decisions. There are many different reasons that you may wind up incapacitated, including for reasons related to your physical and mental health. Both parties entering into a durable power of attorney agreement should review this document carefully to ensure that it reflects the wishes of the person creating it. It is also recommended that you include a statement that a doctor must decide when a person is unable to make critical decisions.

This is because this medical professional can complete unnecessary tests and observations before declaring that someone is unfit to handle higher cognitive functions. If you have not yet created a durable power of attorney document but wish to do so, schedule a time to meet with an experienced lawyer today.



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