Michigan Power of Attorney Form Create a Michigan Power of Attorney Form

Michigan Power of Attorney Form

Published Dec 15, 2025
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A Michigan Power of Attorney Form is a statutory document authorizing an appointed agent to execute legal and financial decisions for a principal.

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Poa Type

Select the type of authority you wish to grant. 'General' grants broad powers; 'Limited/Special' restricts authority to specific acts; 'Durable' remains in effect if the Principal becomes incapacitated; 'Springing' only becomes effective upon a specified event.

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MICHIGAN POWER OF ATTORNEY FORM

I. APPOINTMENT OF AGENT

I, (hereinafter referred to as the "Principal"), residing at:

hereby appoint (hereinafter referred to as the "Agent"), residing at:

as my true and lawful attorney-in-fact to act for me and in my name, place, and stead.

II. EFFECTIVENESS AND DURABILITY

This Power of Attorney is granted pursuant to the Michigan Estates and Protected Individuals Code (EPIC), MCL 700.5501 et seq.

Selection of Effectiveness (Check One):

Durability Provision:
Regardless of the selection above, this Power of Attorney is a DURABLE Power of Attorney and shall not be affected by my subsequent disability, incapacity, or lapse of time.

III. GRANT OF POWERS

I grant my Agent full power and authority to act on my behalf with the same validity as if I were personally present. The powers granted include, but are not limited to, the following:

1. Banking and Financial Transactions: To open, close, and manage bank accounts; to sign checks, drafts, and other negotiable instruments; to access safe deposit boxes; and to conduct all banking business.
2. Real Property: To buy, sell, lease, mortgage, exchange, or otherwise acquire or dispose of real property; to sign deeds, mortgages, and leases; and to manage real estate.
3. Personal Property: To buy, sell, lease, exchange, or otherwise acquire or dispose of personal property, including stocks, bonds, and automobiles.
4. Tax Matters: To prepare, sign, and file federal, state, and local income, gift, and other tax returns; to represent me before tax authorities; and to pay any taxes due.
5. Legal Proceedings: To institute, prosecute, defend, abandon, compromise, arbitrate, settle, and dispose of any legal, equitable, or administrative claim or proceeding.
6. Government Benefits: To apply for, collect, and manage benefits from Social Security, Medicare, Medicaid, or other government programs.
7. Business Operations: To manage, operate, sell, or liquidate any business interest I may own.
8. Retirement Plans: To manage retirement accounts, including IRAs and 401(k)s, and to make investment decisions and withdrawal requests.

IV. SPECIAL INSTRUCTIONS AND LIMITATIONS

The Agent shall have no power to execute or revoke a Will or Codicil on my behalf.

Any specific limitations or special instructions are as follows:

V. ACCOUNTING AND RECORD KEEPING

My Agent shall keep a record of all transactions entered into on my behalf and shall make such records available upon request to me or, in the event of my incapacity, to my guardian or conservator. This is in accordance with MCL 700.5501.

VI. NOMINATION OF GUARDIAN OR CONSERVATOR

If protective proceedings for my person or estate are commenced, I hereby nominate my Agent named above to serve as my guardian or conservator, pursuant to MCL 700.5503.

VII. RELIANCE BY THIRD PARTIES

Any third party who receives a copy of this Power of Attorney may act under it. Revocation of the Power of Attorney is not effective as to a third party until the third party has actual knowledge of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this Power of Attorney.

VIII. REVOCATION

I reserve the right to revoke this Power of Attorney at any time by providing written notice to my Agent. This Power of Attorney revokes any and all prior Powers of Attorney executed by me regarding the same subject matter.

IX. GOVERNING LAW

This Power of Attorney shall be governed by and construed in accordance with the laws of the State of Michigan.

X. SIGNATURE AND ACKNOWLEDGMENT

Principal's Signature

I, the Principal, sign my name to this Michigan General Durable Power of Attorney this , and being first duly sworn, do declare to the undersigned authority that I execute it as my free and voluntary act for the purposes expressed in the Power of Attorney.

PRINCIPAL

Signature: _________________________

Print Name: _______________

Date: _______________

Address: _______________

XI. WITNESSES

We, the witnesses, each sign our names to this instrument this , and being first duly sworn, do declare that the Principal signs and executes this instrument as their free and voluntary act, and that each of us, in the presence of the Principal and each other, hereby sign this instrument as witness to the Principal's signing.

WITNESS 1

Signature: _________________________

Print Name:

Date: _______________

Address:

WITNESS 2

Signature: _________________________

Print Name:

Date: _______________

Address:

XIII. AGENT'S ACCEPTANCE OF APPOINTMENT

IMPORTANT: This section must be signed by the Agent to be valid under Michigan Law (MCL 700.5501).

I, _______________ (Agent's Name), have been appointed as attorney-in-fact (Agent) for the Principal, _______________ (Principal's Name), under this Durable Power of Attorney. By signing this document, I acknowledge that if and when I act as attorney-in-fact, all of the following apply:

(a) Except as provided in the durable power of attorney, I must act in accordance with the standards of care applicable to fiduciaries acting under durable powers of attorney.
(b) I must take reasonable steps to follow the instructions of the principal.
(c) Upon request of the principal, I must keep the principal informed of my actions. I must provide an accounting to the principal upon request of the principal, to a guardian or conservator appointed on behalf of the principal upon request of that guardian or conservator, or pursuant to judicial order.
(d) I cannot make a gift of all or any part of the principal's assets, unless provided for in the durable power of attorney or by judicial order.
(e) Unless provided in the durable power of attorney or by judicial order, I, while acting as attorney-in-fact, shall not create an account or other asset in joint tenancy between the principal and me.
(f) I must maintain records of my transactions as attorney-in-fact, including receipts, disbursements, and investments.
(g) I may be liable for any damage or loss to the principal, and may be subject to any other available remedy, for breach of fiduciary duty owed to the principal. In the durable power of attorney, the principal may exonerate me of any liability to the principal for breach of fiduciary duty except for actions committed by me in bad faith or with reckless indifference. An exoneration clause is not enforceable if inserted as the result of my abuse of a fiduciary or confidential relationship to the principal.
(h) I may be subject to civil or criminal penalties if I violate my duties to the principal.

AGENT

Signature: _________________________

Print Name: _______________

Date:

Address: _______________

What is a Michigan Power of Attorney Form?

A Michigan Power of Attorney Form is a legal instrument that authorizes an individual, referred to as the principal, to delegate legal authority to another person, known as the agent or attorney-in-fact. This document establishes a fiduciary relationship where the appointed agent receives the power to manage financial affairs, real estate transactions, business interests, or healthcare decisions on behalf of the principal. Residents of Michigan utilize this document to ensure continuity of management for their assets or personal care during periods of absence, inconvenience, or incapacitation.

Types of Michigan Power of Attorney Form

Michigan law recognizes distinct categories of authority delegation, each designed for specific purposes and durations. The scope of the agent's power depends entirely on the specific type of document executed by the principal.

  • General Power of Attorney - Grants the agent broad authority to handle financial and legal matters for the principal, typically used when the principal is mentally competent but unavailable. This authority terminates immediately upon the principal's incapacitation or death.
  • Durable Power of Attorney - Contains specific language stating that the agent's authority continues or becomes effective even if the principal becomes disabled or incapacitated. This ensures financial management continues without court intervention during medical emergencies.
  • Limited (Special) Power of Attorney - Restricts the agent's authority to specific transactions or a defined period. Principals often use this for single events, such as closing a real estate sale or handling banking matters while the principal is traveling.
  • Patient Advocate Designation - Functions as the state's equivalent of a Medical Power of Attorney. This document appoints a patient advocate to make medical and mental health decisions only when the principal is unable to participate in their own medical treatment decisions.
  • Parental Power of Attorney (Delegation of Powers) - Allows a parent or guardian to delegate care and custody powers regarding a minor child to another person for a period not exceeding six months.

Michigan Statutory Framework and Regulations

The creation, validity, and enforcement of power of attorney documents in Michigan fall under specific state statutes. Recent legislative updates, including the adoption of the Uniform Power of Attorney Act, govern these instruments.

  • MCL 700.5501 - Defines the requirements for a Durable Power of Attorney, including the necessity of specific language indicating the intent for powers to survive disability.
  • MCL 700.5506 - Governs the Patient Advocate Designation, detailing the rights, responsibilities, and execution requirements for healthcare directives.
  • MCL 565.631 - Mandates that any power of attorney used to convey or encumber real estate must be recorded with the Register of Deeds in the county where the property is located.
  • Public Act 187 of 2023 - Enacts the Uniform Power of Attorney Act in Michigan, effective July 1, 2024, which standardizes provisions and provides protections for agents who act in good faith.
  • HIPAA (45 CFR § 164.508) - Federal regulation requiring specific authorization for an agent to access a principal's protected health information.

Execution and Validity Requirements

For a Michigan Power of Attorney Form to be legally binding, the principal must adhere to strict execution standards. Failure to follow these formalities may result in financial institutions or medical facilities rejecting the document.

  • Capacity of Principal - The individual creating the document must be of sound mind and at least 18 years old at the time of signing.
  • Witness Requirements (Financial) - Under the Uniform Power of Attorney Act, the document must be signed by the principal (or at the principal's direction) and acknowledged by a notary public or witnessed by two competent adults.
  • Witness Requirements (Medical) - A Patient Advocate Designation requires signatures from two witnesses. The witnesses cannot be the patient advocate, the principal's physician, an employee of the principal's life or health insurance provider, or an employee of the healthcare facility treating the principal.
  • Agent Acceptance - An agent must sign an acceptance of appointment before exercising authority, acknowledging their duties and responsibilities to the principal.
  • Notarization - While not strictly required for all non-durable forms, notarization is mandatory for recording real estate documents and strongly recommended for all durable powers of attorney to ensure acceptance by third parties.

The Role of the Patient Advocate

Michigan law distinguishes healthcare decisions from financial matters through the Patient Advocate Designation. This document activates only when the principal's attending physician and another physician or licensed psychologist determine that the principal is unable to participate in medical treatment decisions.

  • Scope of Authority - The advocate may make decisions regarding medical care, custody, and mental health treatment based on the principal's known desires.
  • Life-Sustaining Treatment - The document must expressly authorize the advocate to withhold or withdraw life-sustaining treatment if that is the principal's wish.
  • Mental Health Provisions - Specific authority must be granted for the advocate to consent to forced administration of medication or inpatient mental health treatment.

Revocation of Authority

A principal retains the right to revoke a power of attorney at any time, provided they maintain the mental capacity to do so. Revocation effectively terminates the agent's authority to act.

  • Written Notice - The most effective method involves executing a formal Revocation of Power of Attorney document.
  • Communication - The principal must inform the agent and any relevant third parties, such as banks or hospitals, that the authority has been withdrawn.
  • New Document Execution - Signing a new power of attorney that includes a clause revoking all prior agreements generally supersedes previous documents.
  • Recording Revocation - If the original power of attorney was recorded with a county Register of Deeds, the revocation instrument must also be recorded to be effective against third parties.

FAQs

For financial powers of attorney under the new Uniform Power of Attorney Act, the document must be either notarized or witnessed by two individuals. Notarization is mandatory if the agent will handle real estate transactions or if the document needs to be recorded.
A non-durable power of attorney expires if the principal becomes incapacitated or dies. A durable power of attorney remains valid through incapacitation but terminates upon the principal's death. Limited powers of attorney may expire on a specific date or upon the completion of a specific task.
No, marriage does not automatically grant a spouse the legal authority to manage the other spouse's separate property or make medical decisions. A written Michigan Power of Attorney Form or Patient Advocate Designation is necessary to grant these legal powers.
A general or durable Power of Attorney typically handles financial, business, and legal affairs. A Patient Advocate Designation is the specific document used in Michigan to appoint an agent for healthcare and mental health decisions.
A Durable Power of Attorney can be drafted to go into effect immediately upon signing or to be "springing," meaning it only becomes effective when the principal is determined to be incapacitated. The document itself specifies the start date or the conditions required for activation.

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