Welcome back and thanks for joining us again as we look at the four of the most important documents you need to update when getting divorced in Michigan. As we discussed in our previous article, your will and your trust are two documents that you will have to take another look at when you and your spouse part ways. But they aren’t the only ones! Your power of attorney and your living will are important as well!
Your Power of Attorney:
Your power of attorney is the legal document that gives another person the authority to act for you in specified (or all) legal or financial matters. Most spouses in Michigan designate each other, however when you get divorced, you are unlikely to want you ex to be the person making financial decisions for you in the event that you become incapacitated by disease or in a debilitating accident.
Although Michigan law assumes that when spouses part ways, they no longer want each other to be designated as trustees or executors. Which means that when you get divorced, if you are rendered incapable of making your own financial decisions, the court will assume that you don’t want your spouse to step in and make those choices for you. However, if you don’t update your power of attorney during or after your divorce, specifying a different individual, then who will make those financial choices on your behalf in the event of catastrophe? And in some cases, that person may STILL end up being your ex spouse – so be sure to update your POA after your divorce!
Your Living Will:
The term “living will” can be confusing for some people, as it’s name can make it sound like it has something to do with your will. But it’s the word “living” that differentiates this particular document from the one that divides up your estate after your death. Your living will is a written statement detailing your desires regarding your medical treatment in circumstances where you’re no longer able to express informed consent.
In Michigan, just like with your will and your durable power of attorney, if you designate your spouse in your living will as the person who will make medical and health care choices for you the law will assume that this agreement is void after you get divorced. But while that helps by removing your spouse from the picture in your future care, it doesn’t deal with the issue of designating a new person, which is very important!
Do you need help from an experienced family lawyer?
If you or a loved one are considering divorce, and need help with planning for your future, call The Kronzek Firm at 866 766 5245. Our skilled family law attorneys can help you work through every aspect of your divorce, from filing the initial documents, to wrapping up the final signatures, and everything in between!
If however, you’ve already started the process of your divorce, and need help with planning your estate, the skilled attorneys at The Kronzek Firm can help you with that as well. We have spent decades helping the people of Michigan prepare for their futures, and we can help you as well .