Changes and Choices:
Legal Rights of Older Adults in Michigan
A Free Resource for Older Adults, Families,
Advocates, Health Care and Social Services
Professionals and Policymakers
Bradley Geller, J.D.
Introduction
We all value our dignity, independence, and the ability to impact the future. Exercising our legal rights, and having others honor these rights, is essential in furthering these values. We can protect our rights only if we are aware of them, we have correct information and we know where to turn for help.
This website provides free resources in an accurate and understandable manner on a number of legal issues of interest to older adults. Among the topics are advance directives, long term care, guardianship and conservatorship.
Social Security and Medicare are not covered because excellent government publications are available. There are links in this website to some of these.
This website focuses on the rights of Michigan residents, as laws differ from state to state. Federal laws discussed apply to individuals in every state.
It is important to note the law changes over time through court decisions, adoption of policy, and new legislation.
The first part of the website is directed at older adults and the general public.
This section includes fill-in-the-blanks forms for a Michigan Statutory Will, a Durable Power of Attorney for Health Care, a Do-Not-Resuscitate Order, a List of Important Documents, a Petition to Terminate a Guardianship and a Complaint Form about professional guardians, to be sent to the Michigan Attorney General.
You can download these documents, then print and complete them as needed.
The booklet with questions and answers about a Durable Power of Attorney for Health Care and the form itself, is available in English, Spanish, Arabic, Italian, German, Korean, Chinese, and Bosnian-Croatian.
Popular entries also include Medicaid and Long Term Care, a basic introduction to this complicated subject, and a Compendium of Fact Sheets on Long Term Care, including information on the often-violated rights of residents of nursing homes.
Items in the second section are targeted at health care and social services providers, advocates, and lawyers. Surrogate Decision-Making for Adults: A Manual for Health Care Providers has been particularly important. The subject has been fraught with uncertainty and misunderstanding.
The Handbook for Guardians of Adults is a guide to fulfilling the many responsibilities a guardian has to the individual and the court, including bringing the individual to the degree of self-care possible and filing annual reports and accounts.
The final section is intended for policy makers. It includes relevant legislation introduced over the years but not enacted, draft legislation for the current term, and proposed court form changes. Several items are aimed at addressing delinquencies in our adult guardian system, shortcomings the Michigan Supreme Court and Michigan Attorney General have not addressed.
Most of the material reflects work I have participated in as writer, drafter, editor or presenter.
Many of these works have been available at various sites in the past, courtesy of the Michigan State Legislature, State Bar of Michigan, Michigan Long Term Ombudsman Program, Michigan Department of Health and Human Services, National Resource Center on Psychiatric Advance Directives, American Bar Association, probate courts, individual lawyers and Area Agencies on Aging.
The development and distribution of the Handbook for Conservators of Adults was funded through a grant from the Michigan State Bar Foundation.