Durable Power of Attorney – FAQ
The probate court is not a comfortable setting for an estate handling. Not only are the emotions and stress high from losing someone dear, the process can either be long and arduous, quick and painless, or avoided all together. Michigan probate Attorney Dean Patrick has compiled a list of questions that he typically receives from his clients. Mr. Patrick feels that anyone who is represented by him needs to be fully aware of possibilities and outcomes. Please refer to any of the below FAQs for initial information and, if you have more questions, contact The Patrick & Associates, PLLC. at (248) 663 -2556.
Legal Attorney Dean Patrick is a licensed Michigan lawyer specializing in probate law. He has the necessary knowledge to provide legal advice and legal assistance to make your life a little easier. His knowledge of Michigan Probate Law ensures you will get the legal help you need when you need to establish an advocate. Listed below are commonly asked questions about Michigan Probate Law, Wills, Advocates/Agents, etc.
Q. Can my agent/advocate steal from me?
A. Yes. Although there are laws against such behavior, you should be careful when selecting your financial agent(s).
Q. What is the best way to choose an agent/advocate?
A. Consider the character of the agent/advocate and how well they fit with the responsibility you are giving them.
Q. What is the difference between a durable power of attorney?
A. With a “durable” power of attorney someone may act on your behalf if you become incapacitated.
Q. Are there more than one type?
A. Yes. Different tools have been created to give you control of your financial and healthcare decisions if you become incapacitated.
Q. Is there a government agency to monitor the behavior of my agent?
A. While the probate court has jurisdiction over such matters, unless it is notified of an issue, it will not be able to supervise.
Q. If I sign a attorney, do I give up control of my financial and/or medical decisions?
A. No. While you have capacity, you remain in control.
Q. If I have a will, trust, or both, do I need a power of attorney?
A. Yes. A power of attorney is used in conjunction with a will or trust.
Q. Are there any downsides ?
A. No court supervision of your agent.
Q. Is the living will the same thing as a durable power of attorney for healthcare?
A. No. In Michigan, you should have the durable power of attorney for such decisions. This is not the same document as the living will made popular by overexposure by the media of an incapacitated individual in Florida nearly a decade ago.
Learn more about Dean Patrick’s services:
- Power of Attorney Finance
- Power of Attorney Physical Health
- Power of Attorney Mental Health
- Power of Attorney Stories
Contact our Southfield, Michigan office at (248) 663-2566 or click here to arrange your consultation initial consultation regarding any power of attorney matters.