Durable Power of Attorney 

To name a durable power of attorney in Michigan, contact the Bassett Murray Law Group, PLLC, in Ann Arbor at 734-930-9200.

When you can no longer make your own decisions, your family may wonder how best to handle your finances or manage your care. To prevent any confusion, be sure to designate someone you trust to serve as your power of attorney.

Let our compassionate, dedicated, and experienced lawyers at the Bassett Murray Law Group, PLLC, help you name a durable power of attorney to manage your legal decisions on your behalf.

How Does Michigan Law Define Durable Power of Attorney?

A durable power of attorney (DPOA) names an agent to represent your wishes in the event of your incapacity, such as after a major car accident or if you have dementia. Your DPOA can:

  • Access your finances 
  • Sign checks 
  • Pay your creditors and bills
  • Sell your real estate investments
  • Purchase insurance or other services for you

You may also name the same person as your healthcare DPOA in your advance directive to make medical decisions on your behalf. 

Power of Attorney Law in Estate Planning

While you and your spouse may share joint bank accounts and own your home together, your spouse does not automatically gain legal access to all your assets as soon as you become incapacitated. This may cut your spouse off from access for a lapse of time.

While your spouse can write checks from your joint bank account, certain assets may require both owners’ signatures. Other assets of your own, such as a separate retirement account from work, will not allow your spouse to access your funds to pay for your medical bills or other expenses unless they are your designated DPOA.

Your spouse must be named as DPOA to be able to access some assets, including:

  • Your 401(k) or IRA retirement and investment accounts
  • Your joint ownership assets such as your home or stocks
  • Changing your life insurance beneficiary information

You must also name your spouse as your durable power of attorney for healthcare if you also wish for your spouse to make your medical treatment decisions.

Power of Attorney Law in Estate Planning

While you and your spouse may share joint bank accounts and own your home together, your spouse does not automatically gain legal access to all your assets as soon as you become incapacitated. This may cut your spouse off from access for a lapse of time.

While your spouse can write checks from your joint bank account, certain assets may require both owners’ signatures. Other assets of your own, such as a separate retirement account from work, will not allow your spouse to access your funds to pay for your medical bills or other expenses unless they are your designated DPOA.

Your spouse must be named as DPOA to be able to access some assets, including:

  • Your 401(k) or IRA retirement and investment accounts
  • Your joint ownership assets such as your home or stocks
  • Changing your life insurance beneficiary information

You must also name your spouse as your durable power of attorney for healthcare if you also wish for your spouse to make your medical treatment decisions.

When to Name a Durable Power of Attorney

You should name a durable power of attorney during estate planning as part of your advance directive while you are legally competent to make your own decisions.

If you become incapacitated suddenly without a DPOA, your family will need to apply for a conservatorship through the court. By naming a DPOA before your incapacity happens, the power of attorney will become effective immediately upon your incapacitation.

Contact Us at the Bassett Murray Law Group, PLLC, for Durable Power of Attorney Law

We’re proud to have helped Ann Arbor residents prepare for life’s changes for over 30 years. Our legal team and staff at the Bassett Murray Law Group, PLLC, work together to provide a comfortable and compassionate experience for our clients in estate planning, adoption, probate, and elder law.

To schedule your initial consultation with us for durable power of attorney planning, contact us at the Bassett Murray Law Group, PLLC, in Ann Arbor, MI. Call us today at 734-930-9200 or contact us online.

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Bassett Murray Law Group, PLLC
2045 Hogback Road
​Ann Arbor, MI ​48105
Phone: 734-930-9200
Fax: 734-930-9942

Petoskey Office
By Appointment only
Phone: 231-427-2292

    Bassett Murray Law Group, PLLC
    2045 Hogback Road
    ​Ann Arbor, MI ​48105
    Phone: 734-930-9200
    Fax: 734-930-9942