End of Life Decisions

Trustworthy Elder Law Attorneys Serving in Troy, Oakland County, & Surrounding Areas

You cannot discount the possibility that you or someone close to you will suffer from a stroke, injury, accident, Alzheimer’s or other debilitating illness that will cause long-term incapacitation. Unfortunately, not many of us plan adequately for a lifetime of disability. So, it is always advisable to take end of life decisions with the help of patient advocates when people get old.

Protecting Your Autonomy

In Michigan, current laws dictate that if you become incapacitated, you become subject to Living Probate. Living Probate is when the court assigns a guardian or conservator to do all the things for you that you cannot do for yourself. This means that if you cannot make your own decisions or sign your name, a court will do it for you. It is an antiquated system that works slowly, lacks compassion and literally strips people of their right to marry, divorce, buy/sell property and make their own medical and financial decisions.

Fortunately, guardianship/conservatorship can be avoided, as long as you take control before you need it. The best protection against Living Probate is to establish a Durable Power of Attorney. This legal document allows you to delegate financial and medical responsibilities to a trusted person, so if you become disabled the court won’t step in and appoint a guardian or conservator to run your estate.

Our team at BRMM can draft a Durable Power of Attorney document for you. We recommend everyone over 18 years of age have a Durable Power of Attorney to protect themselves and their loved ones from the hassles of Living Probate in the event of living with a long-term disability.