It’s heartbreaking to watch a loved one struggle with a serious illness or cognitive decline. When they can no longer make decisions for themselves, it’s a difficult time for the entire family. But there are ways you can help. A power of attorney (POA) can give you the legal authority to step in and make sure their needs are met.
At the Law Office of Julie A. Paquette, our estate planning team understands the emotional weight of these situations. We’ve been helping families in Michigan navigate estate planning and elder law for years. Our compassionate attorneys can guide you through the process of obtaining a power of attorney, ensuring your loved one’s well-being and protecting their rights.
We’ll help you understand your options, prepare the necessary documents, and advocate for your loved one every step of the way. You don’t have to face this alone.
Understanding Incapacity and Power of Attorney in Michigan
Incapacity, in legal terms, refers to a person’s inability to make decisions for themselves due to a physical or mental condition. This could be due to:
- Cognitive decline: Such as dementia or Alzheimer’s disease. This can affect memory, reasoning, and the ability to understand consequences.
- Serious illness: Like a stroke or coma, which can leave a person unable to communicate or express their wishes.
- Mental health conditions: That impair judgment and decision-making, making it difficult to manage personal and financial affairs.
- Developmental disabilities: In some cases, individuals with developmental disabilities may require assistance with decision-making throughout their lives.
- Substance abuse: Severe substance abuse can impair cognitive function and decision-making abilities.
A power of attorney is a legal document that allows you, as the appointed agent, to act on behalf of your incapacitated loved one (the principal).
This can include:
- Financial decisions: Paying bills, managing bank accounts, applying for benefits, filing taxes, and handling investments.
- Healthcare decisions: Making medical choices, consenting to treatments, accessing medical records, and choosing healthcare providers.
- Legal decisions: In some cases, the POA may grant the agent the authority to handle legal matters on behalf of the principal.
Types of Power of Attorney in Michigan
Michigan law recognizes different types of POAs, each designed for specific situations:
- Durable Power of Attorney: This is the most common type for incapacity situations. It remains in effect even if the principal becomes incapacitated, ensuring continuity of care and financial management.
- Non-Durable Power of Attorney: This type becomes invalid if the principal becomes incapacitated. It’s typically used for specific situations with a limited time frame, such as when someone needs assistance while they are out of the country.
- Springing Durable Power of Attorney: This POA only takes effect when a specific event occurs, such as a doctor certifying incapacity. This allows the principal to retain control until a designated point in time.
Choosing the right type of power of attorney is crucial. An experienced attorney can help you determine which option best suits your loved one’s needs and circumstances.
How to Obtain a Decision-Making Authority for Someone Already Incapacitated
If your loved one did not create a durable power of attorney before becoming incapacitated, you’ll need to pursue guardianship or conservatorship through the probate court. This process involves:
- Filing a petition: With the probate court in the county where your loved one resides. This petition must clearly state the reasons why guardianship or conservatorship is necessary.
- Providing medical evidence: Of your loved one’s incapacity. This typically requires a detailed medical assessment from a qualified healthcare professional.
- Attending a court hearing: Where a judge will determine whether guardianship or conservatorship is necessary. The court will consider the evidence presented and may appoint a guardian ad litem to represent the incapacitated person’s interests.
- Guardianship: Grants authority over personal and medical decisions. This includes decisions about where the individual lives, what medical treatments they receive, and their daily care.
- Conservatorship: Grants authority over financial matters. This includes managing bank accounts, paying bills, investing assets, and protecting the individual’s financial interests.
The court may appoint one person for both roles or separate individuals depending on the circumstances. This legal process can be complex and time-consuming. Having an experienced attorney by your side can make a significant difference in navigating the court system and protecting your loved one’s rights.
Protect Your Loved One’s Future: Contact Our Team Today
Obtaining a power of attorney or pursuing guardianship/conservatorship can be emotionally challenging. Law Office of Julie A. Paquette is here to provide compassionate legal support and guidance throughout this process. We can help you understand your options, protect your loved one’s well-being, and ensure their wishes are respected.
Contact us today for a consultation. We can discuss your specific situation and help you take the necessary steps to safeguard your loved one’s future.
