Michigan Elder Law Blog

I recently read a great article on Living Wills. The main thrust of the article deals with how most Living Wills are vague and most people are unable to articulate their end of life wishes.

As an experienced Michigan Estate Planning and Elder Law attorney, I can confidently say that the reason Living Wills are vague is because it is impossible to outline every potential medical condition that an individual may face. That's why it is important to make sure that your Living Will has the proper language allowing your Patient Advocate to withhold or withdraw life-sustaining treatment, even if you are not suffering from one of the conditions that are described in your Living Will.

Additionally, and I cannot stress this enough, it is of paramount importance that you discuss with your Patient Advocate your Living Will and your wishes when it comes to end of life decisions. No matter how clear cut the language is in your Living Will, making an end of life decision, whether as a spouse or a child, is never an easy decision to make. It is much easier for a Patient Advocate to make this decision if they have discussed your wishes with you and have heard it from "the horses mouth".

Continue reading "A New Look at Living Wills" »

I recently came across an article that provides a good summary as to why having an end of life plan is so important. We often tell our clients that the most important documents individuals can have are Powers of Attorney for health care (day to day care and treatment, end of life, etc.) and financial decisions. Clients often assume that absent having the proper legal documentation, a loved one will be able to direct their care and make their financial and health care decisions for them if they are unable to do so. This is not true. If you become incapacitated and do not have a Power of Attorney for health care and financial decisions, there is no one to direct your care or make your financial decisions for you.

This can become especially complex in families with multiple children or in second marriages. Often times not having the proper Power of Attorney means that the family has to petition the Probate Court to become Guardian and Conservator over your affairs. However, this can be avoided by executing Power of Attorney for health care and financial decisions before you become incapacitated. By planning in advance, you can ensure that the person that you feel is best suited to make those decisions for you is able to do so, and can keep your affairs out of Probate Court.

If you do not have Power of Attorney documents for health care and financial decisions, and are interested in setting up Power of Attorney for health care and financial decisions, call the experienced Michigan estate planning and elder law attorneys at Barsch & Joswick, PLLC today to set up a complimentary consultation.

Over the holidays, I, like many Americans, went to the movies. One of the movies I saw was The Descendants, starring George Clooney. While the main plot of the movie deals with family and relationships, there are also a few interesting estate planning issues present in the film. Without giving too much away, George Clooney's character, Matt King, is a Honolulu based real estate lawyer. He is also the sole trustee of a family trust that controls 25,000 acres of land on Kauai. The trust will expire in seven years because of the rule against perpetuities, so the family must sell the land.

Matt's wife, Elizabeth, is involved in a boating accident. As a result, she is in an irreversible coma. Thankfully, Elizabeth had the foresight to prepare living will, in which she makes clear her wishes that she not be kept alive by any life sustaining treatment, such as life support.

A living will is also referred to as an advanced directive, a patient advocate, or a durable power of attorney for healthcare. In Michigan, the document is called a patient advocate. A patient advocate allows for a person, called the principal, to clearly state their end of life wishes and to appoint an agent to carry out those wishes on the principal's behalf. Additionally, a patient advocate provides the principal the ability to delegate to the agent the power to make everyday healthcare decisions should the principal become incapacitated. Finally, a properly drafted patient advocate eliminates the need for a court appointed Guardian, in most cases.

The movie serves as a good illustration of how important estate planning is, both to ensure that your wishes are followed after your death through a trust, and that your wishes are followed if you're incapacitated through a living will, also known as a patient advocate. Despite Elizabeth's young age, her living will, made clear her end of life decisions and saved the family the unnecessary heartache that they would have encountered had she not have her affairs in order.

Continue reading "The Importance of Having a Living Will" »