Tag: michigan healthcare power of attorney

Grand Rapids Press Article About Living Wills

November 27, 2011 /

It probably seems like all I’ve been writing about lately is healthcare related issues.  There is a good reason for that.  Recently I’ve been close to and read about many healthcare related situations where the treatment (or lack thereof) was very much related to the planning that the individual did (or didn’t do).  Maybe I see and hear about more of these situations because I’m a Grand Rapids, Michigan estate planning attorney.  However, I don’t think that is the case.  Why?

Because the news media are writing about it too, due to the importance of the planning involved and what can happen if you don’t have a well-drafted and well thought out estate plan in place during a healthcare crisis.  One such example is an article in the November 20, 2011 Grand Rapids Press (Section A4) entitled “Living will?  Call me later.  Aging boomers feel too good to plan for death.”  The article is a result of an Associated Press – LifeGoesStrong.com poll.

The gist of the article was that, due to healthier lifestyles and a fear of thinking about death, a majority of “baby boomers” (64%) say they don’t have a health care proxy or living will.  Of the people they interviewed, one said “I’m very healthy for my age, so death and dying isn’t on my mind,” another said, “I just feel like it’s something I’ll probably think about in my late 60s or 70s,” and my personal favorite, ” you always think something is going to happen to the other guy, not you.”

The article correctly points out that how you feel doesn’t determine what happens to you.  I think that is the most important statement of the entire article, yet they fail to elaborate on it much . . . so I will.  There are many “healthy” people who still need surgery, are involved in accidents, and have health issues resulting in disability, incapacity or even death.  For example, just this past year, West Michigan lost a loving husband and father and a true gentleman, when he passed away during the Fifth Third River Bank Run.  Those who knew him said he was the picture of health.  Yet, it was a nascent condition that showed up that caused his passing.  In the past six months I’ve also read about two individuals who passed away of brain aneurysms while working out.  Both were described as being very healthy.

You see, our health is something we can control only to a point.  Our bodies are complex and wonderfully created “machines,” and there can be many undiscovered conditions in a “healthy person.”  A healthcare power of attorney or patient advocate designation is something everyone should have, no matter how “young,” “old,” “healthy,” or “unhealthy.”  From the 18 year old embarking on college or their career, to the 90+ year old World War II veteran who still walks several miles a day – everyone needs these critical documents.

There are two points made in the article that I feel need some correction.  First, the article emphasizes the importance of “living wills.”  As a I wrote in this previous blog post, living wills are not legally binding in Michigan.  Michigan is one of only a few states that have no living will statute.  That said, I always have an in-depth discussion with my clients about care and end of life wishes.  These become part of their healthcare power of attorney and patient advocate designation.

Second, the article mentions that each state has its own forms for healthcare proxies and living wills.  It then goes on to say that “while it’s a legal document, . . . you don’t need an attorney to draft one.”  Technically, that is correct – because there are some forms available, you don’t need an attorney to draft one for you.  But you can say that about any estate planning document (e.g., wills, trusts, financial powers of attorney).  The question you should ask is should you meet with a Michigan attorney who focuses on estate planning to discuss the issues involved and draft a plan that ensures those wishes/desires will be followed?

The answer is “yes!”  The documents are the documents.  The value is in the counseling and discussion involved and implementing those wishes/desires by way of a comprehensive plan involving a healthcare power of attorney (among the other important estate planning documents).

Sure, we all think it will happen to “the other guy,” just like the quote in the article.  But one day, “the other guy” (or woman) will be each of us.  When that time comes, it is too late to put these important planning items in place.  Take action now, while you can, by calling us at 616-827-7596.

Michael Lichterman is an estate planning and elder law attorney who helps families and create a lasting legacy.  This goes beyond merely planning for finances – it’s about who your are and what’s important to you.  He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients – many of which have become great friends.

 

Have a Healthcare Power of Attorney or Else . . .

November 20, 2011 /

As a Grand Rapids, Michigan estate planning attorney I’m regularly involved in, and overhear, conversations involving the various aspects of estate planning.  Interesting to me is that many of those conversation involve wills, trusts, and financial powers of attorney, yet far less involve healthcare powers of attorney or patient advocate designations.  And many that do, give it merely a passing mention and may even involve talk of just “using the state form . . . it should work fine.”  This concerns me!

Why?  Because we’re talking about YOU – this is your life, your health and your well being.  Why would you give it nothing more than a passing thought, especially in a day when we are living longer and have increased care needs because of it?  I have heard many wonderful people say “my family knows what I want and I trust them to make the right decision.”  Well, what is the “right” decision?  Have you talked to them about it?  How long ago was it?  Has your mind changed about your healthcare in that time?  Do you think they remember what you shared with them?  Are you sure they will follow your wishes?

I’m not just talking about “pulling the plug,” although that seems to be what most of us think about when we think of others making medical decisions on our behalf.  What about complications during surgery?  During other period when you are unconscious?  Choosing who will make these decisions on your behalf is very important!

I hope I’m not off base with my concern for the lack of care given to such an important part of our estate plans.  I believe this should be a key consideration in every estate plan, no matter how young or old you may be – things happen that are out of our control.  Please consider this a wake-up call to run (not walk) to an estate planning attorney who will take the time to learn who you are, what is important to you, and help you design a plan that provides you with the care you want and deserve while giving your family and friends clear guidance on your wishes.

P.S. I regularly hear “oh, I’m all set – I have a living will.”  If that’s you, read my earlier blog post on the topic by clicking here.

Michael Lichterman is an estate planning and business planning attorney who helps families and business owners create a lasting legacy by planning for their Whole Family Wealth™.  This goes beyond merely planning for finances – it’s about who your are and what’s important to you.  He focuses on estate and asset protection planning for  the “experienced” generation, the “sandwich generation” (caring for parents and children), doctors/physicians, nurses, lawyers, dentists, professionals with minor children, family owned businesses and pet planning.  He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients – many of which have become great friends.

 

 

Estate Planning Pitfall – Not Having A Stand-alone HIPAA Authorization

November 5, 2011 /

The research is clear – we are living longer and needing more medical care as a result.  This makes the Power of Attorney for Healthcare (also referred to as a Patient Advocate Designation) a critical component of any well-drafted, comprehensive estate plan.

But did you know that there is another healthcare-related document that can be critically important to managing your finances when you are unable to do so yourself . . . a document that many estate plans lack?  It’s a stand-alone HIPAA authorization and it can help ensure a smooth transition for your financial agent(s) and help your family stay out of court.

You see, the trusted family, friends, or financial institutions that many individuals choose to manage their financial affairs if they are incapacitated are not necessarily the same ones chosen to make healthcare decisions.  A comprehensive estate plan will use Financial Powers of Attorney and Trusts to help ensure your finances can be handled by those you trust most if your are unable to manage them yourself.

Many times the authority given to others in Financial Powers of Attorney or Trusts do not become “effective” until you are incapacitated or otherwise unable to manage your financial affairs.  A physician is usually involved in making the determination of incapacity and signing the necessary certifications so that your financial agents can begin managing your financial affairs.

Traditional planning and the Health Insurance Portability and Accountability Act (HIPAA) can throw a wrench into the situation.  How?  HIPAA restricts access to your medical records to those who you authorize.  Because your financial agents may not be the same as your healthcare agents, any HIPAA authorizing language in your Healthcare Power of Attorney will not cover them (you do have HIPAA authorizations in your Healthcare Power of Attorney, right?).  Without that authorization, the physician most likely will not sign off on the necessary documentation and your family (and agents) could end up having to go to court to move forward.  This would likely lead to costs and delays you no doubt wanted to avoid.

That’s where the stand-alone HIPAA authorization comes in.  It allows you to name individuals who can have access to your medical records without giving them authority to make medical decisions.  Certainly your healthcare agents would be included, but you should also consider including your financial agents and trustees (if you have a trust).  Doing so, will help ensure that the transition of authority can be a smooth one and your estate plan works when it is needed most.

Michael Lichterman is an estate planning and business planning attorney who helps families and business owners create a lasting legacy by planning for their Whole Family Wealth™.  This goes beyond merely planning for finances – it’s about who your are and what’s important to you.  He focuses on estate and asset protection planning for  the “experienced” generation, the “sandwich generation” (caring for parents and children), doctors/physicians, nurses, lawyers, dentists, professionals with minor children, family owned businesses and pet planning.  He takes the “counselor” part of attorney and counselor at law very seriously, and enjoys creating life long relationships with his clients – many of which have become great friends.