Medical Power of Attorney
The Medical Power of Attorney, also known as the Durable Power of Attorney for Health Care, is a critical estate planning document that identifies a person’s health care wishes and the medical care they wish to receive. At BBA Law in Shelby Township, MI, we support our clients in authorizing a representative they trust to make medical decisions on their behalf should they become incapacitated and be unable to do so themselves.
Understanding the Medical Power of Attorney
In the state of Michigan, the Durable Power of Attorney for Health Care is a document that lists the medical steps you want your doctor, hospital, or loved one to take if you become too sick, injured, or incapacitated to speak for yourself.
- Make things easier for loved ones: This legal document makes a frightening and painful time of life easier for loved ones, who though they may not agree with your wishes, need only to honor the healthcare decisions you have already made.
- Avoid probate court: If you do not have a Medical Power of Attorney and become incapacitated, serious medical decisions can only be made if the probate court judge appoints a guardian. This process can take a while and be costly, and their choice may not honor what your wishes would have been.
- Appoint a patient advocate: Should you become unable to make decisions about your own medical treatment or mental health treatment, your patient advocate is designated in your Medical Power of Attorney and will make decisions for you.
Decisions Made Through the Medical Power of Attorney
All estate planning documents are designed for you to express your preferences and instructions for the future. The Medical Power of Attorney in particular deals with:
- Healthcare: This is your way of telling a healthcare provider whether you want to have surgery, treatment, procedures, and so on. They – and your loved ones – must legally abide by these wishes.
- End of life: You get to decide ahead of time who would be able to make end-of-life decisions for you should you be unable to do so yourself.
- Living arrangements: Do you need to be moved to a nursing home or other type of care facility? Should you be moved in with a family member? Should you enter a rehab facility? You decide who can make these decisions for you.
If you become incapacitated or are unable to communicate, your patient advocate or substitute decision-maker can make healthcare choices on your behalf. Choosing who to place in this role can be stressful. You may want to select a spouse, sibling, or child, but putting them in that decision-making role at a stressful time could be challenging. Your Michigan estate planning attorney will guide you to selecting the best possible candidate for this position.
Other Medical Estate Planning Documents to Consider
It is often recommended that you prepare a Living Will along with your Medical Power of Attorney. While the latter document appoints someone who can legally act on your behalf, the Living Will outlines your specific wishes for a person to follow where your medical care is concerned. This eliminates confusion about treatments that you may or may not have wanted.
Expect any discussion to also cover an Advance Directive or DNR form (do not resuscitate). These documents are about what you want, not about authorizing someone to make medical decisions on your behalf. In the case of the DNR, your doctor has the power to make an end-of-life decision in your best interest.
Get Your Michigan Medical Power of Attorney
Estate planning documents bring into question serious and uncomfortable matters that many people prefer to avoid thinking about, but planning your future now can save you and your loved ones from distress later. Contact BBA Law in Shelby Township, Michigan to schedule a consultation and get help drafting your estate planning documents.
