The Durable Power of Attorney A Durable POA remains effective even if you become incapacitated. This type of POA ensures your agent, whether for financial or healthcare , can continue to act on your behalf if you are unable to do so.
Probate Court has exclusive jurisdiction over certain special types of cases: estates, guardianships of incompetent persons and minors, name changes of adults and minors, and adoptions. The Probate Court also issues marriage licenses.
Key Takeaways. A Power of Attorney allows individuals to designate an agent to manage their legal and financial affairs, providing flexibility and personal control, while guardianship requires court involvement and oversight.
The main difference between a Power of Attorney and a guardianship or conservatorship is court involvement. Guardianships and conservatorships are fiduciary relationships created by the court. The court authorizes a person to act as guardian or conservator of another person ing to the terms of the court order.
Michigan law allows a judge to appoint a “guardian” of an adult in certain situations where help is needed. A court-appointed guardian can make decisions for the person who needs help. The judge will determine what decisions the guardian can make.
You can make several different types of POAs in Michigan. In particular, many estate plans include two POAs: a financial POA, which allows someone to handle your financial or business matters, and. a health care POA, which allows someone to make medical decisions on your behalf.
Unlike a General Power of Attorney (GPA), which grants broad authority over various acts, the SPA is confined to certain transactions or decisions clearly defined within the document.
The court's respon- sibility is to handle an estate when someone dies and to determine whether or not that person's residence and property lies within the county in order to probate the decedent's estate. The court must then appoint a personal repre- sentative for the estate and admit the will of the decedent.
Creating a trust is an excellent option for avoiding probate, as well as some of the unintended consequences described above. A living trust is one of the most common types of trust, and it allows you to use and control all assets in the trust during your lifetime.
Unlike a General Power of Attorney (GPA), which grants broad authority over various acts, the SPA is confined to certain transactions or decisions clearly defined within the document.