Comments on: Free Durable Power of Attorney http://michiganelderlaw.info/2008/03/05/free-durable-power-of-attorney/ Help for Michigan Seniors on Estate Planning, Disability Planning, Medicaid and Nursing Homes Sun, 05 Jul 2009 03:17:26 +0000 http://wordpress.org/?v=2.7 hourly 1 By: Free Durable Power of Attorney: Second Thoughts « Michigan Elder Law http://michiganelderlaw.info/2008/03/05/free-durable-power-of-attorney/comment-page-1/#comment-277 Free Durable Power of Attorney: Second Thoughts « Michigan Elder Law Tue, 11 Mar 2008 01:18:39 +0000 http://michiganelderlaw.wordpress.com/?p=36#comment-277 [...] Goldman has raised some interesting points regarding the free durable power of attorney posted here and free durable power of attorneys generally. The first issue is whether free documents are in fact [...] [...] Goldman has raised some interesting points regarding the free durable power of attorney posted here and free durable power of attorneys generally. The first issue is whether free documents are in fact [...]

]]> By: Jerrold Bartholomew http://michiganelderlaw.info/2008/03/05/free-durable-power-of-attorney/comment-page-1/#comment-278 Jerrold Bartholomew Tue, 11 Mar 2008 01:07:11 +0000 http://michiganelderlaw.wordpress.com/?p=36#comment-278 Thank you for your comments, Mr. Goldman. In Michigan the patient advocate and durable power of attorney are, for the most part, interchangeable with the powers of a guardianship and conservatorship, respectively. Ultimately, each document is only effective to the extent that an institution recognizes it. Furthermore, each document is subject to revocation, the procedure for which is not nearly so formal as it is in Florida. So a dissenting principal would overrule a durable power of attorney or a patient advocate, whereas a conservatorship or guardianship is very difficult to undo. But a patient advocate could specify whom the principal wanted to see or where he or she would prefer to live or be treated. Perhaps Michigan will develop greater formalities as the population here ages and the need for clearer procedures reaches the attention of legislators. Thank you for your comments, Mr. Goldman. In Michigan the patient advocate and durable power of attorney are, for the most part, interchangeable with the powers of a guardianship and conservatorship, respectively. Ultimately, each document is only effective to the extent that an institution recognizes it. Furthermore, each document is subject to revocation, the procedure for which is not nearly so formal as it is in Florida. So a dissenting principal would overrule a durable power of attorney or a patient advocate, whereas a conservatorship or guardianship is very difficult to undo. But a patient advocate could specify whom the principal wanted to see or where he or she would prefer to live or be treated. Perhaps Michigan will develop greater formalities as the population here ages and the need for clearer procedures reaches the attention of legislators.

]]> By: Florida Estate Planning Lawyer, David Goldman http://michiganelderlaw.info/2008/03/05/free-durable-power-of-attorney/comment-page-1/#comment-279 Florida Estate Planning Lawyer, David Goldman Sun, 09 Mar 2008 21:51:25 +0000 http://michiganelderlaw.wordpress.com/?p=36#comment-279 I was curious by the posting of the "nurse-attorney", in Florida a DPA does not allow someone to assume the roles suggested to that typically are only available with a Guardianship. In Michigan can you give an agent the right to make decisions on who you can see, where you will live, and other non financial or medical decisions? I often find that agents try to do these under a Power of Attorney but they do not have the right to do so. David Goldman <a href="http://www.floridaestateplanninglawyerblog.com/about.html" rel="nofollow">Florida Estate Planning Lawyer</a> I was curious by the posting of the “nurse-attorney”, in Florida a DPA does not allow someone to assume the roles suggested to that typically are only available with a Guardianship. In Michigan can you give an agent the right to make decisions on who you can see, where you will live, and other non financial or medical decisions?

I often find that agents try to do these under a Power of Attorney but they do not have the right to do so.

David Goldman
Florida Estate Planning Lawyer

]]> By: Jerrold Bartholomew http://michiganelderlaw.info/2008/03/05/free-durable-power-of-attorney/comment-page-1/#comment-275 Jerrold Bartholomew Fri, 07 Mar 2008 04:35:42 +0000 http://michiganelderlaw.wordpress.com/?p=36#comment-275 Ms. Rosenblatt, Thank you for your thoughtful remarks. I could not agree more on the value and necessity of a power of attorney. Moreover, a simple form can only begin to demonstrate the flexibility and utility of such documents. Specialized drafting can prevent countless arguments before they start and avoid the necessity of getting a probate judge involved. I think it is in an excellent idea to incorporate one's wishes regarding health care and living arrangements into the durable power of attorney and I encourage my clients to do just that. Ms. Rosenblatt,

Thank you for your thoughtful remarks. I could not agree more on the value and necessity of a power of attorney. Moreover, a simple form can only begin to demonstrate the flexibility and utility of such documents. Specialized drafting can prevent countless arguments before they start and avoid the necessity of getting a probate judge involved. I think it is in an excellent idea to incorporate one’s wishes regarding health care and living arrangements into the durable power of attorney and I encourage my clients to do just that.

]]> By: Jerrold Bartholomew http://michiganelderlaw.info/2008/03/05/free-durable-power-of-attorney/comment-page-1/#comment-276 Jerrold Bartholomew Fri, 07 Mar 2008 03:21:42 +0000 http://michiganelderlaw.wordpress.com/?p=36#comment-276 This comment seems to have been inadvertently misplaced. It is more appropriate here (and worth reading) (JEB) Carolyn L. Rosenblatt, RN, Attorney I am a nurse-attorney, working with a psychologist, helping with family conflicts concerning elders. Having a durable power of attorney for finances is necessary, and it is excellent planning to get one now. One thing the form you provide omits, however, is any mention of who will decide where an incapacitated elder will live and who will take care of him or her. Although the “living will” gives an agent the power to make healthcare decisions, the subject of where an elder should live when he or she cannot make decisions is the subject of many a family fight. It is good to spell out such preferences in advance, of course, but in case of incapacity, it is even better to designate one person who will make this decision for the elder. Stay at home with live-in help? Who will supervise and manage that? Go to assisted living? Skilled nursing? Money, personal preferences and availability of facilities in the elder’s area must all be considered. Given that people are living longer than ever, and that most of us will need help before the end of our lives, think of how one can prepare for these questions, and how the standard durable power of attorney falls short of doing so. Carolyn L. Rosenblatt, R.N., Attorney at Law, HelpWithElders.com [Originally posted] Mar 6, 5:00 PM — Negative Inheritance? This comment seems to have been inadvertently misplaced. It is more appropriate here (and worth reading) (JEB)

Carolyn L. Rosenblatt, RN, Attorney

I am a nurse-attorney, working with a psychologist, helping with family conflicts concerning elders. Having a durable power of attorney for finances is necessary, and it is excellent planning to get one now. One thing the form you provide omits, however, is any mention of who will decide where an incapacitated elder will live and who will take care of him or her. Although the “living will” gives an agent the power to make healthcare decisions, the subject of where an elder should live when he or she cannot make decisions is the subject of many a family fight. It is good to spell out such preferences in advance, of course, but in case of incapacity, it is even better to designate one person who will make this decision for the elder. Stay at home with live-in help? Who will supervise and manage that? Go to assisted living? Skilled nursing? Money, personal preferences and availability of facilities in the elder’s area must all be considered. Given that people are living longer than ever, and that most of us will need help before the end of our lives, think of how one can prepare for these questions, and how the standard durable power of attorney falls short of doing so. Carolyn L. Rosenblatt, R.N., Attorney at Law, HelpWithElders.com

[Originally posted] Mar 6, 5:00 PM — Negative Inheritance?

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