A Michigan durable power of attorney form is a document that allows someone (the “agent” or “attorney-in-fact”) to act on behalf of another person (the “principal”) in certain financial or personal affairs, even if the principal later becomes incapacitated and can’t communicate their wishes.
Michigan power of attorney forms are made durable by including either the following statements or similar language:
“This power of attorney is not affected by the principal’s subsequent disability or incapacity, or by the lapse of time.” or “This power of attorney is effective upon the disability or incapacity of the principal.”
- Statute: Michigan Comp. Laws §§ 700.5501-700.5520.
- Presumed Durable: No, durability language required (Michigan Comp. Laws § 700.5501(1)).
- Signing Requirements: Must be dated and signed (Michigan Comp. Laws § 700.5501(2)).
- Notarization: Requires either two witnesses (neither can be the agent) or a notary public acknowledgment (Michigan Comp. Laws § 700.5501(2)).
- Statutory Form — Agent Acknowledgement: Yes, the agent must sign an acknowledgment form accepting agent responsibilities before exercising their authority under the power of attorney (Michigan Comp. Laws § 700.5501(4)). Note that a notary acknowledgment of the attorney-in-fact acknowledgment is optional, but it’s always helpful to have a notary verify the identity of the person signing.