The Federal Patient Self-Determination Act went into effect on December 1, 1991. Under the federal law, every health-care facility that receives federal reimbursement–and that includes virtually every hospital, nursing home, clinic and home health-care agency—must inform patients of their rights to determine in advance whether they wish to get life-sustaining medical treatment should they become hopelessly ill.

The Federal Patient Self-Determination Act went into effect on December 1, 1991. Under the federal law, every health-care facility that receives federal reimbursement–and that includes virtually every hospital, nursing home, clinic and home health-care agency—must inform patients of their rights to determine in advance whether they wish to get life-sustaining medical treatment should they become hopelessly ill.

The Michigan legislature responded to this federal law by enacting the Michigan Durable Power of Attorney Act. The intent is for the patient to name an individual to make decisions on his/her behalf within the guidelines established in the power of attorney.

You are to execute a Durable Power of Attorney for Health Care based on the intent of the Michigan Act. Sample forms are available on the internet or at the public libraries and also at your state representative’s office. NOTE: Do NOT use a General Power of Attorney form. The purpose for a general power of attorney is to have someone else handle your legal affairs.
The second part of the assignment is for you to execute a Michigan Statutory Will disposing of whatever assets you own (make up assets if necessary). Again, the Michigan legislature has passed legislation covering this area of law. These forms are available on the internet or in a booklet available from the same sources mentioned above.
Both forms are available in a booklet titled “Peace of Mind”. It is available as a PDF document at http://www.legislature.mi.gov/documents/Publications/PeaceofMind.pdf (Links to an external site.)Links to an external site. . When submitting this assignment use the forms for the will and the DPA for Health Care. DO NOT SUBMIT the instructions for the documents–only the completed forms.

Your will must include two specific bequests of cash gifts as per Article 2.1 AND a list of specific bequests of personal items and the intended beneficiaries as per Article 2.2.
The reason this part is in BOLD and ENLARGED font is that many students fail to follow the directions in the will on how to do this.

Answer the following questions:
i. Where did you get the forms and did you have any problem obtaining them?
ii. Prior to taking this class, did you know they existed?
iii. If you were to die tomorrow without a will, would there be family members who would fight over your possessions?
iv. The Durable Power of Attorney for Health Care and the Michigan Statutory Will each address a different issue. Explain what purpose each serves in estate planning.
All places where signatures are required must be filled in INCLUDING the required number of witnesses. It is OK to make up names if you do not want the document to become your official will.
For both documents, if you do not want them to be official, use fictitious names for the witnesses–i.e. Bart Simpson, Bugs Bunny, etc.


 

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