Healthcare Durable Power of Attorney

Create a Disability Plan with Skilled Estate Planning Lawyers Serving in Troy, Oakland County, & Surrounding Areas

It’s never easy to think about what aging and the future holds for your body and your mind, but there’s always the possibility of a debilitating illness such as a stroke or Alzheimer’s, or a life-altering accident. It’s never too early to plan for later, and it’s always important to plan for what will happen if you become incapacitated.

Preventing a Living Probate

Most people think that a relative can act on your behalf if you become incapacitated. But that simply isn’t true. If you’re suddenly incapacitated and don’t have your own plan in place already, you will actually become subject to a living probate. If you don’t plan now to avoid living probate, your spouse, child or relative won’t be able to act on your behalf. If you are not capable of making your own decisions or signing your name, a court will do it for you.

The Living Probate process is the product of an antiquated court system and lacks both efficiency and compassion. It’s a drastic solution that legally strips a person of their right to marry, divorce or vote. Worse still, if a judge appoints a guardian or conservator for you, they become the one to make medical and financial decisions on your behalf. They can even decide where you live.

Fortunately, you and your family can avoid the nightmare of Living Probate by establishing a Durable Power of Attorney as soon as possible. Anyone over the age of 18 should have this legal document in place, so if you become disabled in the future, your financial and medical responsibilities will be in the hands of someone you trust. This will keep the court from assigning a guardian or conservator for you.