When most people think about estate planning, they focus on what happens after they die. But what happens if you’re still alive — but unable to act on your own behalf? That’s where a power of attorney (POA) comes in. This powerful legal tool gives someone you trust the authority to make decisions for you, ensuring your bills get paid, your health care is managed, and your wishes are followed — without the need for court.
Types of Powers of Attorney in Michigan
In Michigan, there are two primary types of POA:
- Durable Financial Power of Attorney: Lets someone manage your finances if you’re incapacitated. They can pay your bills, access your bank accounts, sign legal documents, manage real estate, and handle business matters.
- Medical Power of Attorney (also called a Patient Advocate Designation): Grants authority to make medical decisions if you’re unable to speak for yourself — including treatments, surgeries, medications, or end-of-life care.
Why Is a POA So Important?
If you become incapacitated without a POA in place, your loved ones must go to court to request guardianship (for personal decisions) or conservatorship (for financial decisions). This can be:
- Time-consuming (sometimes taking months)
- Expensive (legal fees, court costs, evaluations)
- Emotionally stressful and public
With a POA in place, your trusted agent can step in immediately — no court, no confusion, and no delay. A power of attorney isn’t just a legal form — it’s a lifeline for your family when they need it most.
How to Choose the Right Agent
Your agent (also known as your attorney-in-fact or patient advocate) should be someone you trust, who understands your values, and who is capable of acting responsibly on your behalf. You can:
- Name different people for medical and financial decisions
- List backups in case your first choice can’t serve
- Set limits or instructions in the document
When Does a POA Take Effect?
A durable POA can be effective immediately or “springing,” meaning it only activates if you become incapacitated. In either case, you retain full control until you’re unable to act on your own.
Too often, people wait until it’s too late to create powers of attorney — and their families pay the price. By including a financial and medical POA in your Michigan estate plan, you can protect your independence, avoid guardianship court, and give your family the clarity they’ll need in a crisis.
At Boroja, Bernier & Associates, we include customized POAs in every estate plan we draft — because peace of mind starts with preparation.
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