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Powers Of Attorney And How They Work

One of the fears that people experience as they grow older is losing the capacity to care for themselves or make day-to-day decisions about important matters. Their children or other trusted loved ones may be willing to step into that role, but questions can arise about what an elderly person would want after they have lost the ability to make their wishes known.

Powers of attorney are a powerful tool to resolve this potential situation. Boyer, St. Pierre, & Aull, PLLC‘s lawyers can provide accurate information on how powers of attorney operate and how to draft them in a way that preserves a senior’s independence while they are able to care for themselves and honors their choices when that ability is no longer present.

Choosing The Right Power Of Attorney Document For Your Situation

Powers of attorney allow another person (called the attorney in fact, agent or proxy) to act on behalf of someone who is incapacitated (the principal). Some of the most common types of powers of attorney include:

  • Health care powers of attorney, which enable the health care proxy to make medical decisions on behalf of the incapacitated person. Living wills and advance directives can be used to clarify specific medical treatments or types of care that may or may not be used.
  • Financial powers of attorney, which allow the agent for the principal to oversee their finances and pay their bills.
  • Durable powers of attorney, which can cover health directives or financial matters and be limited or general in scope. A principal must approve a durable power of attorney while they are mentally competent to do so, but its powers may begin immediately.
  • Springing powers of attorney are similar to durable powers of attorney, but they only have legal force once the principal is judged mentally incompetent.

Regardless of the type of document you select, they must conform with Michigan laws and court decisions. Our firm has decades of experience crafting powers of attorney and other estate planning documents and can create exactly what your family needs.

Protect Your Loved One’s Best Interests

Powers of attorney and other elder law documents can answer health care questions and ease difficult transitions. Our attorneys have been protecting Michigan clients since 1965. To set up an introductory appointment, call us at our Sterling Heights office at 586-731-7400 or use our online contact form.