Does Your Power of Attorney Actually Work for Medicaid Planning?
A missing clause in your Power of Attorney could cost your family thousands in care costs. Here's what to check—before it’s too late.

Founder / Attorney

Michael L. RutkowskiJanuary 27, 2026
When you're creating an estate plan and don’t have immediate family to step in as trustee or power of attorney, a natural question comes up: “Should I ask a close friend—or hire a professional?”
At first glance, naming a longtime friend seems like the easiest and most affordable path. After all, they know you, they care about your well-being, and they may even feel honored to help. But over time, life changes. People move, relationships evolve, and handling someone else’s legal and financial affairs can become more complex than expected.
That’s where professional fiduciaries come in.
A fiduciary is someone legally authorized to act on your behalf when it comes to:
Whether you choose a friend or a professional, this person must act in your best interest and follow the instructions in your estate planning documents. But how they approach that role—and how reliable they are over time—can vary significantly.
There’s no question: choosing someone you know personally offers comfort. A friend may have insight into your values and preferences. They may also be more willing to take on the role without charging a fee.
However, there are risks worth considering:
In short: good intentions aren’t always enough—especially when the role becomes complicated or long-term.
Michigan is home to several trust companies and banks that serve as professional fiduciaries. These institutions:
They also stay current on Michigan-specific regulations, tax laws, and fiduciary duties. That structure can offer peace of mind, especially for solo agers who don’t want to burden friends with major decisions.
The tradeoff? Professional fiduciaries charge a fee, and not every firm will take on smaller estates. But in many cases, the cost is well worth the stability and security they provide.
Ask yourself:
Often, the best plans include a mix of both: a friend for certain roles (like healthcare decisions) and a professional for financial or long-term trustee duties.
At Rutkowski Law Firm, we help clients across Michigan design estate plans that balance trust, practicality, and long-term sustainability. Whether you’re naming a fiduciary for the first time or revisiting old documents, we’ll help you weigh your options and create a plan that protects both your wishes and your relationships.
Because when the time comes, you want to know that the person—or institution—you’ve chosen is ready to step in with clarity, care, and capability.
Estate Planning is an essential process that will protect your assets and ensure you’re your estate is distributed according to your wishes after your death.
Many people make mistakes when creating their estate plan, which can lead to unnecessary stress, confusion, and costly legal battles for their loved ones. Below, our estate planning team put together the top 10 and most common mistakes we see in estate planning.

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