Legal Question in Wills and Trusts in Michigan

in a living will, who has final decision when it comes to picking an assisted living home, someone with power of attorney for medical, or someone with durable power of attorney?

Asked on 4/12/19, 6:41 pm

1 Answer from Attorneys

John Tatone John R. Tatone & Associates PLC

I would have to see both documents to compare the powers granted before giving you any type of advise on your particular situation. Generally, a durable power of attorney refers to financial decisions and control over the principal's finances. Also, a medical power of attorney covers the medical treatment of a loved one. A living will usually refers to under what conditions a person would no longer want life sustaining medical procedures, ranging from CPR to feeding tube to blood transfusions. Although the finances may play a role in the choosing which assisted living facility to pay, depending upon the details in the documents, I believe assisted living facility may would fall under a medical power of attorney, as it is for the safety and welfare of the individual, similar to medical treatment, such as rehabilitation or psychological in patient treatment. If the 2 fiduciaries cannot agree on a facility, a probate court case should be filed to obtain an order which would supersede either power of attorney.

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Answered on 4/13/19, 6:55 am

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