What is the best way to update an existing Will to include a POA, etc?

I made a Will with an attorney 31 years ago when my daughter was young. It is fine but it does not include any living Will info or designation for financial and/or medical power of attorney, nor does it include my wishes should I not be capable of stating them. Do I need to file a whole new Will or can I use an on-line form available for living Wills and just keep it with my original Will?

Asked on September 26, 2014 under Estate Planning, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You do not need to write an entirely new Will unless your is really outdated (you should always take a look to make sure that there are still assets that are included in them and that you wish the distribution to remain the same as it is stated therein). The state of Michigan recognizes Health Care Proxies (also called a Healthcare Power of Attorney) but there is no law in Michigan governing living wills.  That means that there is no standard living will form available.  You can then create your own and it can guide your Health Care Proxy and your physicians about the types of choices you would make. I would speak with an estate planner.  Good luck.

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