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What’s the difference between an advance medical directive and a living will?-Sara Duris-4/16/22

April 18, 2022

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Q: My son wants me to get an advance medical directive. I already made a living will a few years ago, isn’t that enough?

A: A living will is a document that tells others – your doctors and family – what type of medical care you would like to receive should you become terminally ill or permanently unconscious.

It can advise whether you do, or do not, want such things as a respirator or feeding tubes to be used, or measures such as surgery, or experimental drugs or treatments to prolong your life.

In Michigan, there is court precedent that a living will is a legally binding document, but there isn’t a law stating this.

An advance medical directive goes a bit further as a legally binding document. In it you appoint who you want to make medical decisions, and what your end-of-life wishes are, if you become unable to make medical decisions on your own.

The law calls these documents “Patient Advocate Designations” or “PAD.” They are sometimes referred to as a “Durable Power of Attorney for Health Care.”

These documents aren’t the same as a general durable power of attorney or power of attorney for finances. The patient advocate, or durable power of attorney for health care, has the responsibility to make a reasonable effort to ensure your instructions are followed.

A living will, then, can explain what your wants are, but an advance directive states who will make sure your choices are implemented. It can be a more flexible document because your patient advocate can respond to unexpected situations.

Another legal document that can be completed, often in conjunction with a living will or an advance directive, is a do not resuscitate order (DNR.) A DNR indicates that no one take measures to revive you if your heart and breathing stops.

If this is a choice expressed in your living will or advance directive, it might be useful to have a DNR as well, since a person can be competent up to the moment that death occurs, in which case a living will or advance directive would then never take effect.

There are numerous online resources and blank forms for use in completing a living will, advance directive or DNR.

The Region IV Area Agency on Aging’s resource library also has forms available. Call our Info Line for Aging and Disability at 800-654-2810 for more information.


Q: We are struggling to make our mortgage and home insurance payments due to my husband losing his job during the pandemic. We are both working again, but is there any help for people like us?

A: One of the best options might be the newly created Homeowner Assistance Fund (HAF), which provides $9.9 billion in federal funds to states, territories, and tribes to help homeowners facing hardship during the COVID-19 pandemic.

Each state has created its own HAF, and Michigan’s opened on Feb. 14. Per the Michigan State Housing Development Authority’s (MSHDA) website, here is some key information about the HAF:

Who is eligible?

  • Homeowners with household incomes less than 150 percent of area median income (AMI)
  • Homeowners who own and occupy the property as their primary residence
  • Homeowners must have and explain a financial hardship directly related to COVID-19 on, or after, Jan. 21, 2020

HAF can offer up to a $25,000 grant per household to pay:

  • Delinquent mortgage/housing expenses, including property tax and insurance escrow shortages
  • Delinquent land contract payments, mobile home consumer loan payments or mobile home park lot payments
  • Delinquent property taxes
  • Delinquent condo/homeowners’ association fees
  • Delinquent homeowner’s insurance
  • Delinquent utilities: gas, electric, water, sewer
  • Delinquent internet broadband services

To apply, visit mihaf.michigan.gov – this is the best way to apply for those with a smartphone, tablet or computer – call 844-756-4423 or email MSHDA-HO-HAF-Program@michigan.gov.

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Area Agency on Aging Region IV

2900 Lakeview Avenue, St. Joseph, MI 49085

(800) 654-2810 Info Line

(800) 442-2803 Admin Office

(616) 816-2580 Spanish Line

info@areaagencyonaging.org

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