Legal and planning

The best time to sign planning papers is before there’s a crisis. Once a parent can’t make decisions, the options get slower and more expensive.

Power of attorney (money)

A durable power of attorney names someone to pay bills, manage bank accounts, and handle property. “Durable” means it keeps working if your parent can no longer decide for themselves. Michigan updated its power of attorney law in 2024, so older documents are worth reviewing with an attorney.

Patient advocate designation (health care)

This is Michigan’s version of a health care power of attorney. It names someone to make medical decisions if your parent can’t. The advocate must sign an acceptance form. It takes effect only after doctors decide your parent can’t take part in medical decisions.

Guardianship and conservatorship

If there are no papers and your parent can’t make decisions, a probate court can appoint:

• a guardian for personal and medical decisions, or
• a conservator for money and property.

Courts in Michigan prefer the least restrictive option. A limited guardianship is often possible.

Wills and trusts

A will says who gets what after death and names a personal representative. A trust can help avoid probate and manage money for someone who needs help. Many families use both.

Finding an elder-law attorney

Elder-law attorneys focus on Medicaid planning, guardianship, and long-term care. When you call, ask:

• How much of your practice is elder law?
• Do you charge a flat fee or by the hour?
• Will you meet my parent alone to confirm their wishes?

See elder-law and legal help in the local directory.