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.
Unlike a durable power of attorney (DPOA), a regular non-durable power of attorney (POA) automatically ends if the principal becomes incapacitated.
Keep in mind, a MI durable power of attorney is used for financial, business, and personal matters. To grant durable power over medical decisions, you need a Michigan medical power of attorney.
Read on to find out how to create and use a durable power of attorney and download a fillable DPOA form compatible with Michigan requirements.
Michigan Durable Power of Attorney Requirements
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.”
Relevant Laws: Michigan Comp. Laws §§ 700.5501-700.5520
Presumed Durable: No, durability language required (Michigan Comp. Laws § 700.5501(1))
Signing: 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.
The durable power of attorney template on this page includes all required language and complies with Michigan DPOA laws and regulations.
Michigan Durable Power of Attorney Form (PDF & Word)
Use our free Michigan DPOA template below to serve as a guide for creating your own durable power of attorney form.
How to Fill Out a Michigan DPOA Form
Follow these steps to easily complete our blank durable power of attorney form for Michigan:
Step 1: Designate an agent
First, choose someone you trust to be your agent, also known as “attorney-in-fact”. Make sure you fully understand what power of attorney is and what kind of legal authority you will grant to your agent with this form.
Write the names and addresses of the principal and agent(s) at the top of the durable power of attorney form.
Step 2: Grant authority
Mark on the form which areas of your life you want to give the agent decision-making power over. This can be general authority (e.g., the principal’s personal finances) or specific authority (e.g., receive mail).
You can also write specific instructions for which actions the agent can perform on your behalf.
Step 3: Ensure your form is durable
In Michigan, powers of attorney are not presumed durable, so you must include the required durability language to ensure the power of attorney will still be effective even if you become incapacitated.
Step 4: Sign and date the form
To complete the paperwork, the principal signs and dates the durable power of attorney form, and the agent signs and dates an acknowledgment of agent responsibilities.
Don’t forget that in Michigan, your signature on the DPOA form needs to be witnessed by two people or notarized.
Step 5: Give copies to relevant parties
Once your Michigan DPOA form is complete, remember to give copies to your agent, places where it will be used (such as your bank or a state agency), and family members or trusted friends.
You should store the original form in a safe place in your home.
How to Revoke a Durable Power of Attorney in Michigan
While still competent, you can revoke your durable power of attorney at any time by completing a revocation of power of attorney. After the DPOA is revoked, you should notify all relevant parties, including the attorney-in-fact and third parties where the DPOA can be used.
If the principal is already incapacitated, but a loved one suspects their agent of abuse or negligence, it’s possible for them to petition to override the power of attorney.
The best ways to ensure your power of attorney is used in accordance with your wishes are to select an agent you trust, set limits on the agent’s power, and designate a co-agent or successor agent.