Who Can Witness My Health Care Power of Attorney? (Episode #287)

0:30 Well, good afternoon, Michiganders. It is Tuesday, September five, twenty twenty three, and this is of course Tuesday with Tom, Michigan's only weekly podcast where we do answer your questions about a state planning in a state settlement in Michigan. I'm your host, Tom Doyle, a state planning attorney, lifelong Michigan resident, an ambassador for all things good in this great state of Michigan. Welcome, Welcome to today's program. Well, last week's episode who Can Witness My Will? So, if you're looking having a will prepared for are you, and you're looking at having it executed, and you're wondering who can witness the will? I encourage you listen to last week's episode in which I explain who can and cannot be a witness to your will. Staying with that same theme, today, we're going to talk about another common estate planning document. So today's show is who can Witness My Healthcare? Power of Attorney?

1:42 But please remember, as always, what I'm about to discuss during their program is intended for educational purposes only. It is not intended to be legal advice. You need to work with your attorney to determine what as a apropriate for you and your estate plan. Well, let's just start with what is a healthcare power attorney. Some attorney such as our office calls and a healthcare power attorney. Other locations, maybe your doctor's office or hospital that you're being admitted to, might call it a designation of patient advocate. But in either event, it's the document in which you name the person that you are authorizing to make medical decisions on your behalf if you're not able to make them for yourself, and to have a legal healthcare power attorney you the person making it has to be at least eighteen and has to be of sound mind, and the person that you are naming to make those healthcare decisions for you also has

3:13 to be at least eighteen years of age. But let's get to when you're executing the document who it is that can be witnesses, because the statute also requires that the power of returning for healthcare has to be executed in the presence of and signed by two witnesses. Now in the presence of because of some changes with the statute, where we can do remote witnessing, where we can do remote notarizing, it doesn't necessarily mean in the physical presence of the person who signed it, if you otherwise qualify under the statute for the remote witnessing provisions that are available to us now post COVID, if you will. But essentially it has to be signed by two witnesses. So who can't be the witnesses? Well, there are a number of people laid out in the statute, and I know in our powers of attorney for healthcare we in the witness provision indicate who those people are. So these are the people who cannot be a witness to your power of attorney for healthcare. One cannot be a spouse, that would be can't be a husband, can't be a wife, can't be a parent, can't be a child, can't be a grandparent, or

4:48 your brother or sister. So no spouses, no parents, no children, no grandparents, no brothers or sisters. Also, the person witnessing cannot be a presumptive air. That would be whom a person who under Michigan law would otherwise be in line to inherit your estate if you didn't have a will, that would be a presumptive air. So it can't be that. It can't be the known beneficiary of your will. So if you've named somebody under your will to receive a devise under your will, that individual can't be a witness.

5:32 Also, can't be your physician, can't be a person named, can't be the person named as your patient advocate, So the person you're naming obviously can't be witnessing it. And also it cannot be an employee of a life or health insurance provider for you. So if you have somebody who's providing with your health or life insurance, they cannot be a witness it. They it cannot be an employee of a health facility that's treating you, or an employee of a home for the aged where you live. So there are a number of things again, let me just go through them one more time. Cannot be your spouse, parent, child, grandparent, brother or sister, physician, patient advocate, employee of a life or health insurance provider for you, employee of a health facility that's treating you, or employee of a home for the aged where you're residing. Clearly, what the statute intends is to make sure that whoever it is that is witnessing your power of attorney for healthcare doesn't have any sort of a vested interest, if you will, in the decisions that will be made by your health care agent, or a vested interest in whether or not your document is appropriately witnessed. Also, there's one other thing

7:10 that the witness has to do, essentially under Michigan law, is they have to designate and again we provide this language in our document itself, though, but they have to indicate that the person signing the power of fraternity for healthcare is of sound mind and is under no dress fraud or undo influence. So they're not just merely signing a document. In signing that document, they're saying that they that it was signed in their presence, and they're saying that the person who signed it appears to be of sound mind and under no dress fraud or undo influence. So those are the people who cannot be witnesses to your healthcare power of Returney. If you have any questions further questions about it, though, you can certainly feel to feel free to reach out to me for further explanation. As always, of course, a man and I would be

8:46 honored to have the opportunity to help you protect your loved ones by putting together your state plan which would include a power of attorney for healthcare and perhaps a trust will, general durable pour of attorney, etc. Or amending an estate plan that you currently have. Maybe all you need now is an updated power of attorney for healthcare or assisting you in settling a loved one's estate. Simply head on over to our website that would be Doyle LAWPC dot com. At the website, you're going to find information on how to schedule and in person consultation at our East Lansing office, or how to schedule a virtual consultation via zoom or a telephone, or if all again you're looking for as an individual document, perhaps again you're simply looking for that new power of attorney for healthcare.

9:46 Check out the Legal Store, which there's a menu item for the Legal Store on the homepage. There you can order individual legal documents that can be repaired and emailed to you through the Legal Store. Also, those legal documents can be ordered through our office Facebook page. So again, please visit doile APC dot com for more information and to schedule your consultation today. Well, I think that is going to be it for today's show. I had a little technical glitch there with the music this morn this afternoon. Sorry, but hopefully it all came through at your end. Okay. But as always, if you have a comment about the program, a topic that you'd like to have be discussed, or questions that you'd like to have answered, please send me an email Tom at Tuesday with Toom dot com. Also, we invite you follow us on Facebook and ask your family and friends to follow us as well. That, as always is Tuesday with Tom, and of course the

11:18 office is also available on our Facebook page at Doyle Law PC. Remember too that the program Tuesday with Tom is available on Apple Podcast, Spotify, Google Podcast, iHeartRadio, Spreaker. Anywhere that you enjoy listening to your podcast you will find likely find our podcast is available, and you can always ask your smart speaker to play Tuesday with Tom. Well, thank you again for spending some of your day with us today on this Tuesday, and as always, I hope that you have an awesome day and an awesome week in Michigan.

12:01 Stay safe. Tuesday with Tom has been brought to you by the estate planning attorneys at Doyle Law PC to learn how we can help you with your estate plan or with settling a loved ones estate. Please call us today at five one seven three two three seven three six six. That's five one seven, three two three seven three six six