Elements of a Michigan Estate Plan

All Estate Plans are centered around a Trust or a Will.  If you've already watched our Animated Introduction to Wills & Trusts Video, you've already learned that there are significant differences between the two. If you haven’t watched it, do that right now - you’ll learn the basics in less than 5 minutes.

Regardless of whether you choose a Will-based or Trust-based plan, there are other important elements that should be included in any plan. Those documents include the following: 

Patient Advocate Designation

A Patient Advocate Designation is a signed legal document that grants your designated “advocate” the power to make medical and health decisions on your behalf. Patient Advocates are also sometimes called Healthcare Powers of Attorney or Advanced Medical Directives. A Patient Advocate would only come into play when you are unable to make decisions on your own, such as when you are incapacitated following an accident, in a coma, or in a scenario that leaves you permanently disabled and in need of long term care. You should give a copy of your Patient Advocate to your designated advocate, as well as to your physician. This will facilitate the patient advocate’s ability to make medical decisions when the need arises and give greater assurance that your desires are observed.

Durable Power of Attorney

A Durable Power of Attorney is a document that grants a person you designate – called an agent – the legal authority to manage your personal and financial affairs. For example, you can authorize your agent to sign your checks, make deposits for you, pay your bills, contract for professional services, sell property, purchase insurance, and do the tasks necessary to manage your everyday affairs and business. This is extremely important for situations when you might need someone to take care of things while you are on vacation, out of the country, in the hospital, and most importantly, following an accident that renders you incapacitated or incompetent.

Funeral Representative

In Michigan, an individual may appoint a funeral representative to make decisions about funeral arrangements and any ceremony, determine the handling and burying of your body or cremated remains, and receive your remains from the funeral home in the event of cremation. A Funeral Representative designation should be made to a trusted (or list of trusted) family member(s) or friend(s). This instrument is designed to eliminate disagreements among your family and friends over how to handle your funeral and burial.