Q) Can my agent steal from me?

A) Yes. Although there are laws against such behavior, you should be careful when selecting your financial agent(s).

Q) What is the best way to choose an agent/advocate?

A) Consider attributes of the agent/advocate and how well they fit with the responsibility you are giving them.

Q) What is the difference between a durable power of attorney and a power of attorney?

A) With a "durable" power of attorney someone may act on your behalf if you become incapacitated.

Q) Are there more than one type of power of attorney?

A) Yes. Different tools have been created to give you control of your financial and healthcare decisions if you became incapacitated.

Q) Is there a government agency to monitor the behavior of my agent?

A) While the probate court has jurisdiction over such matters, unless it is notified of an issue, it will not be able to supervise.

Q) If I sign a power of attorney, do I give up control of my financial and/or medical decisions?

A) No. While you have capacity, you remain in control.

Q) If I have a will, trust, or both, do I need a power of attorney?

A) Yes. A power of attorney is used in conjunction with a will or trust.

Q) Are there any downsides to the power of attorney?

A) No court supervision of your agent.

Q) Is the living will the same thing as a durable power of attorney for healthcare?

A) No. In Michigan, you should have the durable power of attorney for such decisions. The power of attorney is not the same document as the living will made popular by overexposure by the media of an incapacitated individual in Florida nearly a decade ago.