Medical Power Of Attorney

A medical power of attorney does two things: First, it allows you to appoint someone as your agent for purposes of making medical decisions. That person is called your "patient advocate." Second, it allows you to express your wishes concerning life-sustaining measures and similar matters. Notably, however, although you express your wishes, your patient advocate is not legally bound to follow those wishes. A court, however, will typically defer to the wishes you express in a medical power of attorney, should a dispute arise concerning your medical care. For that reason, it is good to formalize your wishes in a medical power of attorney.

Unlike the agent under a general durable power of attorney, your patient advocate does not have power to make medical decisions for you unless you are unable to do so yourself.

A medical power of attorney will often preclude the need for a guardian to be appointed for you by the probate court in the event you become incapacitated. Should someone initiate a guardianship proceeding in probate court, the person you have named as your patient advocate will typically be given priority for appointment as your guardian.

Should you wish to discuss the benefits of a medical power of attorney, please contact us for a free consultation (248-645-1210).

General Durable Power Of Attorney

A general durable power of attorney is the document by which you appoint someone to act as your "agent" (aka attorney-in-fact). The document also specifies the agent's powers and authority over your business and personal affairs.

There are two types of general durable powers of attorney. One type is called a "springing power of attorney". It is called "springing" because the agent does not have any power until two licensed physicians certify that you are incapacitated and cannot manage your affairs. Springing powers of attorney are not favored because of the time and effort required to get the physician certifications. The second, and more common, type of general durable power of attorney is effective immediately. Because the agent must sign an "acceptance" before taking any action, this type of power of attorney is often executed and then retained by your attorney until he or she is notified that you are incapacitated and need assistance. Upon receiving notification, the attorney will arrange for the acceptance to be signed by your agent.

Generally, if you have a general durable power of attorney and your agent is acting lawfully, you can avoid a conservatorship proceeding in probate court. Should a conservatorship proceeding be initiated, the agent you appoint in your general durable power of attorney will have priority in the appointment of a conservator for you.

If you would like more information on general durable powers of attorney and their benefits, please contact us for a free consultation (248-645-1210).