Powers of Attorney in Ann Arbor and Surrounding Communities

Powers of attorney (POA) are an essential part of your estate plan. In essence, a power of attorney is a document through which you give someone you trust the authority to act on your behalf. That person is called your agent, and the extent of their authority is determined by the document that grants it.

Depending on your needs, you can make a power of attorney effective upon your signature or not until you are incapacitated (called a “springing” power of attorney, because it springs into effect only when needed). You can and in most circumstances “should” create a power of attorney that is “durable,” meaning it continues in effect if you become legally incapacitated. A power of attorney may be very limited, such as granting authority to act on your behalf in a single financial transaction; or broad, allowing your agent access to all of your financial affairs. You may revoke a power of attorney in writing at any time as long as you have the legal capacity to do so.

Nichols, Sacks, Slank, Sendelbach, Buiteweg & Solomon, P.C. can help you secure your future by creating various powers of attorney to address your particular needs.

Durable Power of Attorney for Finances

As the name suggests, a durable power of attorney for finances appoints your chosen agent to manage your financial and business affairs. An agent under a durable power of attorney for finances is also called an attorney-in-fact.

You may choose to grant your attorney-in-fact immediate powers so that they can assist you with your day-to-day financial needs. It is most important, however, to make sure your financial power of attorney is durable. That ensures that your attorney-in-fact will be able to “step into your shoes” and manage your finances and business if you are legally incapacitated.

Because your attorney-in-fact may have access to all of your financial affairs, it is critically important to choose an agent you trust to carry out your wishes.

Michigan Advance Directives and Durable Power of Attorney for Health Care

“Advance directives” are written legal documents that allow you to specify your wishes regarding your health care decisions in the event you are not able to express those wishes yourself, such as if you were in a coma or suffering from advanced dementia.

A durable power of attorney for health care is one type of advance directive. It is also known as a patient advocate designation or health care proxy. Similar to a financial power of attorney, a durable health care power of attorney allows you to choose someone to make medical decisions for you if you can no longer make them for yourself. You can also use this document to authorize your patient advocate to make decisions regarding your mental health care, and in the event of your death, to donate certain organs or your entire body.

A living will is another type of advance directive. While a durable power of attorney for health care dictates who will make medical decisions for you if you can’t make them for yourself, a living will makes clear what you would want those decisions to be if you were to become terminally ill or permanently unconscious. If you have a living will, it becomes much easier for your patient advocate to confidently make end-of-life decisions, knowing they reflect your wishes. In Michigan, living wills are not specifically authorized by law, so be sure to speak with an experienced attorney to discuss the nuances of Michigan law in this regard.

A “Do Not Resuscitate” or “DNR” order is a written document in which you express your wish that if your breathing and heartbeat cease, no one is to attempt to resuscitate you. Many people execute a DNR because they do not want their life prolonged if doing so will only extend their suffering. Because of the literal life-and-death effect of having a DNR, it must be signed by you, your doctor, and two witnesses in order to be valid.

Your patient advocate should have a copy of all of your advance directives, as should any of your regular treating physicians and any hospital where you expect to receive care.

Parental Power of Attorney

These days, children often spend time apart from a parent, vacationing with a friend’s family, traveling for a team sport, or when the parent is away on business. On those occasions, your child may have another adult caring for them, but that adult should be able to act on your child’s behalf in the event of a medical or school emergency.

With a parental power of attorney, the person you place in charge of your child can be authorized to get them health care or other emergency care. They can also buy and dispense medication to the child, and make any necessary health care decisions. If you choose, the person can also be authorized to act in your place to take other actions, such as enroll your child in school.

Depending on your circumstances, you may need to execute a parental power of attorney for a brief period, or on an ongoing basis. A parental power of attorney can be revoked at any time when it is no longer needed.

How We Help Families Create Customized Personal Planning Documents

Powers of attorney enable someone you trust to act or speak on your behalf if you are not able to do so. You may never need your agent to exercise their authority under the power of attorney, but just having it will provide peace of mind. You can be assured that your wishes will be carried out by a person you have chosen.

Nichols, Sacks, Slank, Sendelbach, Buiteweg & Solomon, P.C. will help you create powers of attorney customized to your unique circumstances and needs. We invite you to contact us to schedule a consultation regarding your Michigan estate planning issue.

Frequently Asked Questions - Powers of Attorney


Who should I name as my Financial Power of Attorney?

Who you choose to help assist you with your financial and business affairs is a very important decision. No matter who it is, that person should always be someone you trust explicitly. It does not have to be a family member, and sometimes, a family member may not be the best choice for you. You should look to name a person who is trustworthy and upstanding, and who would never take advantage of you under any circumstance. While there are laws that protect you if your financial power of attorney abuses the power you have granted, it may be too late to recover your assets if they have already spent your money or skipped town. It is important to consult with an attorney to help you better protect yourself from potential abuses.

When does the Durable Power of Attorney for Finances become effective?

It depends. You can choose to have it become effective immediately, which is often the recommended course so that your attorney-in-fact can act on your behalf quickly and easily. However, for some people, they may choose to have it become effective on the happening of a particular event, like the signature of two doctors who have declared that you are incapacitated (also known as a “springing” power of attorney).

What kinds of business and financial actions can my attorney-in-fact make?

This also depends on your particularized needs. Financial powers of attorney can and should be customized to your own situation. Do you on real estate that may need to be managed? Do you have bank or retirement accounts that may need to be accessed if you are in the hospital? Do you need to do long-term care or Medicaid planning in the foreseeable future? These are just a few of the considerations one of our attorneys can assist you with.

Can I use a preprinted form?

Yes, you can if the proper legal requirements are met. But why would you? Durable Powers of Attorney are not expensive even when consulting with an attorney—but they are extremely powerful documents that should be drafted carefully and customized to your needs. Affordable but thorough and effective powers of attorney should be drafted by an experienced attorney who is knowledgeable about the many, many pitfalls that can happen if you use a pre-printed form or do not have a Power of Attorney at all.

Who should have one?

Every person who is over the age of 18, not already incapacitated, and has financial or business affairs that may need to be managed in the event of an accident, illness, or some other event that may cause an incapacity, even if on a temporary basis.

What is an advance directive?

An advance directive is a written legal document that allows you to specify who can make medical decisions for you if you cannot do so yourself and what type of medical care you would like.

Three main types of advance directives are used in Michigan: 1) a Durable Power of Attorney for Health Care, 2) a living will, and 3) a do-not-resuscitate declaration. Additionally, you can also make a declaration of anatomical gift to take effect when you die.

What is a Durable Power of Attorney for Health Care?

A Durable Power of Attorney for Health Care (also known as a health care proxy or patient advocate designation) is a legally binding document where you appoint another person to make medical treatment and related personal care decisions for you when you can no longer make them for yourself. You can, in addition, give your patient advocate power to make decisions concerning mental health care you may need. Finally, you can empower your patient advocate to donate specific organs or your entire body upon your death.

What if my religious beliefs prohibit an examination by a doctor?

We can customize your durable power of attorney document to state your religious beliefs, so the document will prohibit an examination by a doctor and designate how you want it determined that you cannot participate in health care decisions.

What powers can I give a patient advocate?

You can give a patient advocate power to make any personal care decisions you normally make for yourself. For example, you can give yourpatient advocate power to consent to or refuse medical treatment such as extraordinary measures for you; arrange for mental health treatment, home health care or adult day care; or admit you to a hospital, nursing home or home for the aged. You can also authorize your patient advocate to make a gift of your organs or body, to be effective upon your death.

What is a living will?

A living will is a written document in which you inform doctors, family members, and others what type of medical care you wish to receive should you become terminally ill or permanently unconscious.

When will a living will take effect?

A living will takes effect only after a doctor diagnoses you as terminally ill or permanently unconscious and determines you cannot make or communicate decisions about your care.

How is a living will different from a durable power of attorney for health care?

Although there can be overlap, the focus of a durable power is on who decides; the focus of a living will is on what the decision should be. A living will is limited to care during terminal illness or permanent unconsciousness, while a patient advocate may also have authority in circumstances of temporary disability.

Are there advantages to each type?

A durable power of attorney for health care may be more flexible because your patient advocate can respond to unexpected circumstances, but a living will might be honored without the presence of a third person making the actual decision.

Is a living will legally binding on health care providers?

Although 47 states have statutes giving living wills legal force, Michigan has not passed such a law. However, based on a Michigan court decision, there is an argument living wills are binding in this state. No one, however, can provide absolute assurance your wishes will be honored.

Can I have both a durable power of attorney for health care and a living will?

Yes. Your patient advocate can read your living will as an expression of your wishes. The living will might also be valuable if your patient advocate were unavailable when a decision needs to be made.

What is a do-not-resuscitate (DNR) order?

A do-not-resuscitate order is a written document in which you express your wish that if your breathing and heartbeat cease, you want no one to attempt to resuscitate you.

Who must sign a DNR order?

One DNR form provides spaces for your doctor to sign, for you to sign, and for two witnesses to sign. There is an alternate form for individuals with religious beliefs against using doctors.

Can my patient advocate sign the form instead of me?

If your patient advocate has authority (for example, if provided for in a Durable Power of Attorney for Health Care), he or she can sign the form instead of you. Your doctor would also sign.

Who should receive a copy of your advance directive?

It is typically a good idea to give a copy of your advance directive to your Patient Advocate, any treating medical personnel, and anyone providing care for you.