Michigan Living Will
The Pros And Cons Explained
According to the Center for Disease Control and Prevention, two-thirds of Americans have no form of end of life healthcare preparation planned if they suddenly become incapacitated due to an accident, illness, or old age.
Imagine if you became incapacitated and your loved ones had no instructions on your final wishes, they just had to guess. Unfortunately, if you are unable to communicate and you don’t have a Michigan Living Will in place, the burden of making your medical and end-of-life decisions may be placed on the shoulders of your loved ones with absolutely no guidance or instructions on what you would have wanted. This can be incredibly difficult and stressful.
But this scenario is easily avoidable…
By preparing a Michigan Living Will and pairing it with a Medical Power of Attorney, you make your medical wishes clear and legally empower someone you trust to make the proper medical decisions on your behalf should the need arise.
Michigan Living Will - What Is It And What Does It Do?
A Michigan Living Will, sometimes called an Advance Directive, is a legal document that allows a person to define end of life medical decisions in the event that they are incapacitated and unable to communicate or make judgments.
A Living Will is different from your Last Will and Testament. Think of your Living Will as a formal letter to your loved ones listing your final medical wishes instructing them as to how you should be taken care of.
Your Michigan Living Will outlines the types of medical treatment you would or would not want in certain situations. The assertions made in a Michigan Living Will include whether you would like CPR (cardiopulmonary resuscitation), artificial nutrition and hydration (tube feeding, IV), maximum pain relief, artificial respiration, or to donate organs.
Michigan Living Will - What Happens Without One?
If a Michigan Living Will is not prepared several scenarios could occur. Doctors are legally obligated to perform certain measures to try and preserve a person’s life, even in unfavorable circumstances. These actions could go against your intentions if they are not clarified in your Living Will. Furthermore, a spouse, child, or family member, may be called upon to make decisions regarding life-prolonging means, on your behalf. Being in a situation that necessitates these kinds of choices is trying and placing these kinds of decisions on the shoulders of a loved one with no guidance can be difficult for them. In the event that there are no living relatives, a court can appoint a guardian to make these choices for you and what they believe to be your best interest. To avoid this, make a Michigan Living Will and let your relatives know where to find it.
Michigan Living Will - What Are The Benefits?
Deciding and documenting your end of life wishes with a Michigan Living Will is beneficial for you and your family. It ensures medical treatment and end of life wishes are dictated by you and takes the pressure off of your loved ones so they don’t have to make these difficult choices on their own without your input.
It also makes sure that these decisions aren’t placed in the hands of random family members, doctors, or the courts who don’t know or understand your wishes.
Michigan Living Will - What Are Its Limitations?
A Michigan Living Will does have some limitations. While it outlines and communicates your end of life decisions, it does not name a trusted person to direct your health care and execute the wishes in your Living Will if you are incapacitated and unable to do it yourself. In order to legally appoint someone to execute your wishes on your behalf, it is best to have a Medical Power of Attorney and Financial Power of Attorney made to supplement your Michigan Living Will. Most people name a spouse, partner, relative, or close friend to act as their Medical Power of Attorney.
How Do I Make A Michigan Living Will?
A Michigan Living Will plans for complicated end of life decisions. For this reason, it is usually best to consult with an experienced Will Attorney to ensure that your Living Will is written accurately based on your wishes and is legally binding.
If you would like to have a Michigan Living Will drafted, we can help you.
Over the past decade, we’ve helped 1,000s of families in all matters of Wills, Living Trusts, Estate Planning, Powers of Attorney, and Probate.
Give us a call at (248) 613-0007 to reserve a complimentary consultation with a Will Lawyer today!
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Written By Chris Atallah - Founder, Rochester Law Center, PLLC
Written By Chris Atallah - Founder, Rochester Law Center, PLLC
Chris Atallah is a licensed Michigan Attorney and the author of “The Ultimate Guide to Wills & Trusts – Estate Planning for Michigan Families”. Over that past decade, Chris has helped 1,000s of Michigan families and businesses secure their futures in all matters of Wills, Trusts, and Estate Planning. He has taught dozens of seminars across the State of Michigan on such topics as avoiding the death tax, protecting minor children after the parents’ death, and preserving family wealth from the courts and accidental disinheritance. If you have any questions, Chris would be happy to answer them for you – just call at 248-613-0007.
