Legal Requirements for Valid Living Wills in Michigan

Have burning questions about Michigan Living Will and Trust? Read on to have all of them answered by experts in the field of family law.

Life is unpredictable. The many twists and turns it takes can leave your plans in complete disarray. As responsible adults, all most all of us want to do is protect our loved ones against the unforeseen. Living Wills and Trusts are two tools that help accomplish that.

To use and implement such tools effectively, you’ll first need to understand all the legal requirements associated with them. With the help of this guide, the seasoned Will and Trust attorneys at the offices of Sean Patrick Cox would like to shed light on the concept.

By the end of this article, you will know what goes into crafting a solid Living Will and also understand what makes these arrangements valid in the context of Michigan’s laws.

So, without much further ado, let’s get started.

Living Will – An Overview

Before we dive deeper into this article, it will be in your best interest to first understand what the concept of a Living Will will entail. Also known as the advanced directive, a Living Will refers to a legal arrangement that dictates a person’s preferences concerning medical treatment in the event they aren’t able to communicate these wishes themselves.
In other words, a Living Will serves as a source of guidance for medical professionals and family members. It offers them instructions on what an individual seeks for end-of-life care.

Michigan Living Will and Trust Legal Framework Explained

Like any other state in America, Michigan too empowers its citizens to make important decisions about their healthcare. A Living Will is considered valid in the state of Michigan if it meets the requirements specified in the Estates and Protected Individuals Code (EPIC).
According to our attorney for Wills and Trusts, those requirements are as follows

1. Capacity and Competence

The person creating the Living Will should be of sound mind. He or she should be capable of understanding what the healthcare directions mentioned in the document imply. It is recommended that you only create a Living Will when you are in good health. This ensures that your choices are informed.

2. Written Form

For a Living Will to be considered legal in the state of Michigan, it must be in written form. While oral expressions of directives are permitted in certain circumstances, it can get challenging to prove their enforceability.

3. Signature

The Living Will must be signed by either the person creating it or by the person authorized to sign on the concerned individual’s behalf. This signature must be done in the presence of at the very least two individuals. These individuals should not be related to the person creating the Will.

4. Revocation

The creator of a Living Will has the right to amend or revoke the document any time they wish, provided they are of sound mind to do so. Any changes to be made to the Living Will must be in written form. The witnessing requirements mentioned above will also apply during the amendment of a Living Will.

5. Surrogate Decision Making

If a person becomes incapacitated without creating a Living Will, then they are allowed to appoint a healthcare surrogate by Michigan law. Whoever is appointed as the surrogate decision-maker must act in the best interest of the patient. To ensure this happens, most of the time the person appointed as a surrogate decision-maker is either a family member or someone close to the patient.

6. Laws around Oral Expression of Wishes

As we mentioned before, Michigan law accepts oral expression of healthcare directives. For these expressions to be considered legal, they must be witnessed by at least two individuals. These witnesses should testify to the clarity of the statement made by the patient.
These are just some of the laws that one must comply with to create a valid living will. For more clarity, you can consult the seasoned Will and Trust plan attorneys at Sean Patrick Cox.
Now that you know about Living Will, let’s divert our attention to a Trust.

What is a Trust?

A trust is a legal arrangement wherein a settlor transfers their assets to a trustee. The trustee is someone who manages the assets of a settlor on behalf of their beneficiaries. A Trust document will entail terms and conditions that specify how assets are to be distributed, what a trustee’s powers are, and other key details.
According to our Will and Trust attorney in Michigan, a Trust must fulfill the following legal requirements to be considered valid

1. Capacity and Intent

The person creating the Trust should be of sound mind. He or she should understand the nature and consequences of their actions. They should clearly express their intent to create a Trust.

2. Identifiable Property

The Trust must include property or assets that are identifiable. These assets can be bank accounts, investments, personal property, real estate, or any other type of asset that holds value.

3. Beneficiary Designation

The Trust document must mention who the beneficiary will be. These beneficiaries could be any individual, a charitable organization, or some other legal entity.

4. Appointing a Trustee

A Trust is not valid without an appointed trustee. The trustee will be responsible for managing the Trust in accordance with the wishes specified by the settlor. This trustee can be anyone from an individual to a corporate entity depending on how complex the trust is.

5. Compliance with Michigan Laws

The created Trust must comply with relevant provisions mentioned in Michigan’s Trust Code. For more clarity, you can refer to the Uniform Trust Code. This code entails a comprehensive set of rules and regulations that dictate how a Trust can be created, managed, and terminated.

6. Funding the Trust

For a Trust arrangement to be deemed effective, the grantor must transfer ownership of the mentioned assets into the trust immediately. To fund the Trust, you’ll need to re-register titles, update beneficiary designations, or transfer ownership of assets to the trust.

For more clarity on the topic, you can always consult the seasoned Will and Trust attorney at Sean Patrick Cox.

Conclusion

Tragedy can strike anytime. A Living Will and Trust helps you prepare for such unforeseen circumstances in order to protect your wealth and loved ones. Our aim with this article was to educate you on the importance of creating a Living Will and Trust. Understanding the various legal requirements associated with creating these documents will ensure your Living Will and Trust are valid.
For expert assistance on the same, you can always approach the offices of Sean Patrick Cox. We are home to experienced attorneys who possess the insight and resources necessary to assist the citizens of Michigan with their living will and trust arrangements.
We are the first name that pops up when you Google “Living Will and Trust attorney near me” in Michigan.
So, get in touch with us now to plan for an uncertain future. Initial consultation with our attorneys is free.