Family Planning · Free Legal Kits

Why Every Michigan Family Needs a Will, a Patient Advocate, and a Living Will

By Ali El-Hallani, Principal, Michigan Benefit Services

Most families plan for the cost of a funeral, but many never put their wishes in writing. Three simple documents can spare your loved ones confusion, delays, and hard decisions during an already difficult time. Here is what each one does, how Michigan treats it, and where to download free forms.

1. Last Will and Testament

A will says who receives your property and who you trust to handle your estate (your personal representative). If you have minor children, it is also where you can name a guardian for them. Without a will, Michigan law decides who inherits, and the court appoints someone to manage your estate.

Under Michigan law (MCL 700.2502), a will generally must be in writing, signed by you, and signed by at least two witnesses. Michigan also offers a fill-in-the-blank statutory will created by the Legislature for people with simpler needs.

Download the Michigan Statutory Will (PDF) →

2. Health Care Power of Attorney (Patient Advocate Designation)

This document names a trusted person, called your patient advocate, to make medical decisions for you if you cannot make them yourself. In Michigan, this is the most important health care document you can sign, because it gives a real person legal authority to speak for you.

Michigan law (MCL 700.5506) requires the designation to be in writing, signed, and witnessed by two qualified people. Your patient advocate must also sign an acceptance before acting for you. Talk with the person you choose so they understand your wishes.

Download the Health Care Power of Attorney form (PDF) →

3. Living Will

A living will is a written statement of the medical care you would or would not want near the end of life, such as life support or tube feeding. Michigan does not have a law that makes living wills legally binding. Even so, the Michigan Legislature notes that your written wishes can still guide your family, your patient advocate, and your doctors, especially if there is ever a disagreement. That is why many families sign a living will together with a patient advocate designation.

Download the Living Will form (PDF) →

Simple steps to get started

• Download the forms and read the instructions carefully.
• Choose the right people: a personal representative for your will and a patient advocate for health care decisions.
• Sign with witnesses as each form requires. Witness rules are different for each document.
• Keep copies where they can be found and give copies of your health care documents to your patient advocate and your doctor.
• Review them after major life changes, such as a marriage, divorce, birth, or death in the family.

For more detail, the State of Michigan publishes two free guides: Peace of Mind: Michigan estate planning guide (PDF) and Advance Directives guide (PDF). You can find all of the forms on our Free Legal Kits page.

Putting your plan together

These documents put your wishes in writing. A final expense or life insurance policy can help your family with the costs that come with a funeral and final bills. Together, they help your family focus on each other instead of paperwork and expenses.

Michigan Benefit Services & Family Care, LLC is a licensed insurance agency, not a law firm. We are not attorneys and do not provide legal advice. This article and the free forms are for general information only. Laws change, and every situation is different; for legal advice about your will, estate, or health care documents, please consult a Michigan attorney. Sources: Michigan Legislature, Peace of Mind; MCL 700.2502; MCL 700.5506; Michigan Legal Help, What Is an Advance Directive?, accessed October 2026. Insurance coverage is subject to underwriting approval, and benefits vary by carrier and product.