for every contingency

Power of Attorney - Financial

This document names an Agent to manage your financial and property matters, when you are absent or medically unable to. Depending upon your relationship to the Agent (be it your spouse or partner, or an in-law), you can make the Agent authority non-contingent (immediate); or effective only when two doctors certify that you are unable to manage or exercise judgment about your affairs due to a medical condition.

A power is intended in part to avoid the need to file a conservatorship petition in probate court in order to gain contol over an incompetent's estate. Immediately effective powers are helpful in case you are merely absent, or if a medical examination and certification of disability is impractical.

Power of Attorney - Limited

Sometimes a client needs to appoint an agent to handle a real estate transaction in their absence, or to handle financial matters overseas. For this, a Limited Durable Power of Attorney is helpful.

Please contact your legal plan to learn more about availablity of this service.

Power of Attorney - Parent

What if a parent or guardian anticipates being absent or otherwise unavailable to their children, for an extended period of time?

Michigan provides for a special power of attorney that enables a parent or guardian to name another person to exercise any of the parent or guardian’s powers regarding the care, custody and property of a minor. The delegation of authority cannot continue for more than 6 months. The parent or guardian may simply execute a new power for another period, as necessary.

Another exemption to the 6-month limit is in the case of a parent or guardian serving abroad in the armed services. There, the delegation of power is effective until the thirty-first day after the end of deployment.

Please contact your legal plan to learn more about availablity of this service.

Legal plan coverage
for simple estate planning documents

Most common legal plans offered as an employment benefit cover simple wills, individual or couple.

Testamentary trusts (a contingent trust within a will) guarding funds for the support of dependent children through young adulthood, are covered. Probate-avoidance living trusts are covered, but are generally not cost-effective nor practical for John’s client population. Non-trust methods of minimizing probate involvement, cost and delay will be discussed. Tax advice and tax-avoidance drafting are not covered, and tax-sensitive matters will be referred out.

Many employment-based legal plans cover financial Powers of Attorney, to delay or avoid the need to obtain a conservatorship to manage an incompetent’s estate. Powers can become effective immediately (e.g. to allow a spouse to manage one’s affairs while one is absent from the country), or upon certification of two doctors that one cannot manage one’s own financial affairs, due to a medical condition.

Many employment-based legal plans cover a health care power, known in Michigan as a Designation of Patient Advocate. They also frequently cover “Living Will” Guidelines - Advance Health Care Directives, including end-of-life and funeral instructions.

John Erdevig encourages everyone with a legal plan to contact its administrators to learn more about what coverage is available and opportunities to persue these legal services.