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  1. #1
    Join Date
    Dec 2019
    Location
    Michigan
    Posts
    4

    Default Michigan Power of Attorney

    My question involves estate proceedings in the state of: Michigan

    Does the durable power of attorney in Michigan apply to mental health issues as well as physical issues?

    My father asked me to sign one because I'm not married. If I were to have an accident and become incapacitated he wants to be able to make medical decisions for me as well as financial

    My fear is that it will apply to mental health issues. I receive disability for ptsd/bipolar. I have been hospitalized in the past though never involuntary. I have never had a guardian. It seems with the durable power of attorney if two doctors agree you are incapacitated then your power of attorney can make medical decisions for you If there is a way to ensure its only for physical issues I'm fine with signing it. If it applies to mental health there is no way I will sign it. I have tried researching it online and can't find a conclusive answer.

    Thanks for any help

  2. #2
    Join Date
    Sep 2010
    Posts
    19,369

    Default Re: Michigan Power of Attorney

    Talk to a lawyer, but it's not uncommon to have different powers of attorneys for things like financial situations and for medical decisions.
    You can also customize the conditions under which it will take effect.

  3. #3
    Join Date
    Oct 2006
    Posts
    15,867

    Default Re: Michigan Power of Attorney

    Quote Quoting Meg37
    View Post
    My question involves estate proceedings in the state of: Michigan

    Does the durable power of attorney in Michigan apply to mental health issues as well as physical issues?

    My father asked me to sign one because I'm not married. If I were to have an accident and become incapacitated he wants to be able to make medical decisions for me as well as financial

    My fear is that it will apply to mental health issues. I receive disability for ptsd/bipolar. I have been hospitalized in the past though never involuntary. I have never had a guardian. It seems with the durable power of attorney if two doctors agree you are incapacitated then your power of attorney can make medical decisions for you If there is a way to ensure its only for physical issues I'm fine with signing it. If it applies to mental health there is no way I will sign it. I have tried researching it online and can't find a conclusive answer.

    Thanks for any help
    You are never under an obligation to give anyone a POA. If there is anything at all that makes you uncomfortable about giving someone a POA (and yes, it would include mental health) then you absolutely should not do so. If your father thinks that you are in bad enough shape that a POA is necessary, and you refuse, then your father could file in court for guardianship. However, you would be able to defend yourself against a suit for guardianship and the burden of proof would be on your father to prove that you are unable to care for yourself or your finances.

  4. #4
    Join Date
    Dec 2019
    Location
    Michigan
    Posts
    4

    Default Re: Michigan Power of Attorney

    Thank you for your answer. When I was younger my parents looked into guardianship and we're told they wouldn't be able to. I'm very stable mental health wise but I still have a fear of not having control in hospitals. I was abused in a psych hospital when I was a minor and will not ever be comfortable with someone making decisions for me in that kind of setting. My therapist thought the same as you. She said it's extremely unlikely the power of attorney would be activated should I have a mental health episode but the only way to make sure 100 percent is not to sign it. Appreciate the reply

    Thank you for you reply. I appreciate it

  5. #5
    Join Date
    Oct 2006
    Posts
    15,867

    Default Re: Michigan Power of Attorney

    Quote Quoting Meg37
    View Post
    Thank you for your answer. When I was younger my parents looked into guardianship and we're told they wouldn't be able to. I'm very stable mental health wise but I still have a fear of not having control in hospitals. I was abused in a psych hospital when I was a minor and will not ever be comfortable with someone making decisions for me in that kind of setting. My therapist thought the same as you. She said it's extremely unlikely the power of attorney would be activated should I have a mental health episode but the only way to make sure 100 percent is not to sign it. Appreciate the reply

    Thank you for you reply. I appreciate it
    You are welcome. Good Luck.

  6. #6
    Join Date
    Jul 2018
    Posts
    1,892

    Default Re: Michigan Power of Attorney

    Quote Quoting Meg37
    View Post
    Does the durable power of attorney in Michigan apply to mental health issues as well as physical issues?
    You'd have to tell us. It's not as though every POA in Michigan is identical.


    Quote Quoting Meg37
    View Post
    My father asked me to sign one. . . .
    You're not obligated to sign anything.

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