Planning ahead in Michigan

A few papers that save the people you love a lot of trouble, especially if they aren't your legal next of kin.

Name a funeral representative

Since 2016, Michigan lets any adult name someone to make decisions about their funeral, burial or cremation. That person comes before a spouse or family. It's the only way an unmarried partner or chosen family gets the legal right to decide.

  • Put it in writing, date it and sign it.
  • Have it either witnessed by two people or notarized. The person you're naming can't be a witness.
  • It can go in your will, your patient advocate designation, or its own document. A separate document keeps your will private.
  • You can name a backup. The person you name doesn't have to be a relative, but generally can't be someone from the funeral home or cemetery that will handle your arrangements.
  • Give copies to the person you named and keep one with your important papers.

Michigan doesn't publish an official form. The law is MCL 700.3206 to 700.3206b.

Prepaid funeral contracts

Michigan law protects prepaid funeral plans. The money must be held in escrow, you get a yearly statement, and the seller must be registered with the state.

  • You can cancel within 10 business days of signing for a full refund.
  • After that, you can still cancel with 30 days' written notice and get 90% to 100% back, depending on the contract.
  • Questions or complaints: LARA at 517-241-7000, or the Attorney General's consumer line at 877-765-8388.

Prepaying isn't the only way to plan. Writing down what you want and setting money aside in a payable-on-death account can work too.

Advance directives

  • Patient advocate designation: names someone to make medical decisions if you can't. Michigan requires two witnesses who aren't your close family, heirs, doctor or the advocate.
  • MI-POST: a medical order for people with serious illness, signed with your doctor, NP or PA, about the treatment you want.

Body donation

Medical schools like Wayne State, Michigan State, Oakland University and the University of Michigan accept whole-body donations, and some cover transport and cremation. You need to register ahead, and programs can still decline at the time of death, so have a backup plan. More on lower-cost options

Write down what you want

A funeral representative isn't legally bound by your wishes, so tell them clearly. A page is enough:

  • Burial, cremation, green burial or donation
  • Where you'd like to end up
  • What kind of gathering, if any, and who should be there
  • Music, readings, food, the stories you want told
  • Where your important papers and any prepaid contract are kept

If you'd like help planning a celebration of life ahead of time, get in touch.

This is general information, not legal advice. Checked November 2026. Sources include Michigan law (MCL 700.3206, 700.5506, 328.223, 328.225), LARA and the Michigan Attorney General. Spot an error? Email kate@graveandseed.com.