Most people don’t think about what would happen if they suddenly became unable to manage their own affairs. An unexpected illness, a serious accident, or the progression of a cognitive condition can make it impossible to handle financial decisions, medical choices, or day-to-day obligations. Without proper legal documents in place, family members may find themselves unable to help—even when they want to. A power of attorney is one of the most important protective documents in any estate plan. Mihelich & Kavanaugh, PLC helps Clinton Township residents put these documents in place before they’re needed.
What a Power of Attorney Does
A power of attorney is a legal document that authorizes another person—called the agent or attorney-in-fact—to act on your behalf in matters you specify. The scope of that authority depends entirely on how the document is written. A broad financial power of attorney can give your agent the ability to manage bank accounts, pay bills, handle investments, sell real estate, file tax returns, and conduct virtually any other financial transaction. A more limited version can restrict authority to specific tasks or accounts.
Michigan law also recognizes healthcare powers of attorney, which authorize your agent to make medical decisions on your behalf when you are unable to make them yourself. This document works alongside a patient advocate designation or living will to ensure your healthcare wishes are communicated and followed even when you cannot speak for yourself.
Durable vs. Non-Durable Powers of Attorney
One of the most important distinctions in Michigan power of attorney law is whether the document is durable. A standard power of attorney automatically becomes ineffective if the person who granted it becomes incapacitated—which is often exactly the moment when it would be most needed. A durable power of attorney, by contrast, remains in effect through incapacity. For estate planning purposes, durability is almost always what clients need.
Michigan also allows for a springing power of attorney, which only becomes effective upon a defined triggering event—typically a physician’s certification that the person is incapacitated. Some clients prefer this approach because it limits the agent’s authority until it is actually needed, while others prefer the simplicity of a durable document that is effective immediately upon signing.
Choosing the Right Agent
The person you name as your agent takes on significant responsibility. A financial power of attorney grants them substantial authority over your assets, and choosing the wrong person—or failing to establish appropriate limitations—can create serious problems. Our attorneys help Clinton Township clients think through this decision carefully: who is trustworthy, who is practical, who is willing to take on the responsibility, and whether a single agent or co-agents make more sense for the situation.
Naming a successor agent is also important. If your primary agent is unavailable, unwilling, or unable to serve, a backup agent prevents the need for court intervention to appoint a conservator.
What Happens Without a Power of Attorney
If you become incapacitated without a durable power of attorney in place, no one has automatic legal authority to manage your finances on your behalf—not even a spouse, adult child, or other close family member. To gain that authority, they would need to petition the Macomb County Probate Court to be appointed as your conservator. That process takes time, involves court oversight, and adds costs that could have been avoided entirely with a simple document prepared in advance.
Having a power of attorney is one of the most straightforward ways to protect yourself and spare your family from an unnecessary legal proceeding during an already stressful time.
Healthcare Directives and Patient Advocate Designations
Alongside a financial power of attorney, a patient advocate designation names someone to make medical decisions on your behalf and communicates your wishes about specific types of treatment. These documents work together to ensure that both your financial affairs and your healthcare are handled according to your wishes—not left to the uncertainty of court proceedings or family disagreements.
Contact a Clinton Township Power of Attorney Lawyer Today
A power of attorney costs relatively little to put in place and can prevent significant legal and financial complications down the road. Contact Mihelich & Kavanaugh, PLC to schedule a consultation. Our Clinton Township estate planning attorneys are ready to help you put the right documents in place.
