Estate Planning for Medical Decisions and Your Health Care
Experienced Legal Team Helping Mid-Michigan Families Plan for Medical Decisions
Everyone has their own views on the type of medical care they want to receive at the end of their lives. By taking time to having legal documents drawn up regarding your wishes it will help your loved ones know what you want done. It is important to work with an experienced legal team to draw up the paperwork. Planning in advance will also keep your fate from being placed in the hands of a guardian appointed by the probate court.
Make decisions related to your medical care now. Work with our expert attorneys at Grewal Law to draw up the necessary legal documents to ensure your wishes are followed. Too many people leave these decisions up to their family members which can be difficult for them to make when you are ill.
In addition, the decisions may end up being made by someone you do not want placed in charge. Planning for your care now will provide you with peace of mind and our team is here to help you make the best choices for your life.
Who Will Make My Medical Decisions if I am Unable?
If you become unable to make decisions for your care, probate court will appoint someone to be your guardian. Once a guardian has been appointed to handle your care, you will be known as a ward. You may not think you need a guardian, but a family member or someone who works for the Department of Health and Human Services along with other people concerned for your well-being may ask the court to appoint a guardian for you.
If you do facing becoming a ward and you disagree with the decision, contact our team at Grewal Law today to protect your best interests.
Call 800-331-9871 or 517-393-3000 for your free quote.
Health Care Directives
One of the best options is to generate an advance health care directive. The creation of this written document is something you may decide to have drawn up to outline your instructions related to your health care. The directives are designed to give direction if you are not able to express your wishes on your own.
The MIPeaceofMind site is an advance directive registry for people to house his or her directive. The document is then available for digital access by healthcare providers. You will also be given a card to place in your wallet outlining how to access a copy of it.
There are three different types of advance directives you can have written. It is up to you to decide if outlining durable power of attorney for health care, a living will or a do-not-resuscitate order is the right choice for your healthcare. Another directive you can have drawn up is to make an anatomical gift after your death. As your estate planning attorneys, we will help you outline the things that are most important to you in a medical directive.
When Do I Need a Power of Attorney?
You may want to have a power of attorney, otherwise known as a health care proxy, drawn up to protect your wishes. The power of attorney designates someone to handle decisions related to your medical treatment and personal care when you are incapacitated. The individual will also be able to make decisions related to organ donation once you pass away.
If you are over the age of 18, you are eligible to have a power of attorney appointed. When the document is created it will need to be shown you are able to make decisions about your well-being. The person who you designate to make decisions is called your patient advocate.
The person acting as your advocate will have to accept the responsibility by signing the document you have drawn up. Depending on the agreement, he or she will be designated to make decisions regarding your mental or physical health.
You will have the choice to decide what powers you give your advocate. From making choices regarding food and water to nursing home care, you will decide what decisions you want the advocate to make for you.
Understanding Living Wills
Under Michigan law, living wills are not recognized under law. Even though there are not laws regarding living wills, these documents may still be followed and can provide guidance to the person appointed as your power of attorney. The directives are given to physicians and other health care providers outlining your end-of-life medical care wishes.
Unlike selecting a power of attorney, where someone is appointed to make decisions for you, a living will outlines your specific wishes if you are permanently unconscious or terminally ill. It does not offer as much flexibility compared to other options because specific directions are outlined versus giving someone the ability to make decisions related to your health care. Our team will help you understand the advantages and disadvantages to living wills to help you decide if making one is the right choice for you.
Who Will Care for My Children?
As the parent of any minor children, you will want to designate a guardian for them if something were to happen to both of their parents. Without a guardian designated through a will or other estate planning document, their care will be given to a grandparent. If none of their grandparents are alive then the next closest relative will be given guardianship. Any child without relatives will have a state-appointed guardian.
Do not leave the care of your children up to the state. Plan now to designate a guardian for their care after you are gone. Pick a guardian for your children to protect their future.
If I receive Medicare, can the government take my assets?
Depending on the costs of your end of life medical expenses you may be required to apply for Medicaid coverage. The coverage can help with long-term care costs associated with stays in rehab facilities or in nursing homes. There are state regulations regarding Medicaid eligibility potentially putting your assets may be at risk of being taken to cover medical expenses. When applying for coverage you will work with a Department of Health & Human Services worker to verify your current income and assets.
Michigan has a five-year lookback period for Medicaid eligibility, so you need to work with an estate planning attorney now to protect your assets in the future. Trusts and other legal agreements can help reduce the likelihood of your property from being taken to cover medical expenses.
Medical Planning for Your Estate
Our attorneys are ready to help you plan for your end of life medical care. Making these decisions can be hard and we will help you decide the right options for your life and your family. From picking a power of attorney to designating guardians for your children, we can handle all the documents you need to plan for the future.
Contact us at Grewal Law to handle your estate planning related to medical decisions today. Call us for a no obligation quote at 800-331-9871 or 517-393-3000.