I recently came across an article that provides a good summary as to why having an end of life plan is so important. We often tell our clients that the most important documents individuals can have are Powers of Attorney for health care (day to day care and treatment, end of life, etc.) and financial decisions. Clients often assume that absent having the proper legal documentation, a loved one will be able to direct their care and make their financial and health care decisions for them if they are unable to do so. This is not true. If you become incapacitated and do not have a Power of Attorney for health care and financial decisions, there is no one to direct your care or make your financial decisions for you.
This can become especially complex in families with multiple children or in second marriages. Often times not having the proper Power of Attorney means that the family has to petition the Probate Court to become Guardian and Conservator over your affairs. However, this can be avoided by executing Power of Attorney for health care and financial decisions before you become incapacitated. By planning in advance, you can ensure that the person that you feel is best suited to make those decisions for you is able to do so, and can keep your affairs out of Probate Court.
If you do not have Power of Attorney documents for health care and financial decisions, and are interested in setting up Power of Attorney for health care and financial decisions, call the experienced Michigan estate planning and elder law attorneys at Barsch & Joswick, PLLC today to set up a complimentary consultation.
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