What Is a Michigan Power of Attorney?
A Michigan power of attorney (POA) is a legally binding contract between a principal and an agent. The principal creates the agreement, and the agent handles their medical, financial, or legal matters. The POA provides the agent with the authority to make decisions on the principal’s behalf. In Michigan, the principal must be at least 18 and fully competent when creating this document.
Use our document builder to set the terms of your Michigan power of attorney. Create a custom agreement to provide state-compliant authority for your agent.
Types of Powers of Attorney in Michigan
Michigan acknowledges a few different types of powers of attorney. You can use a specific form to establish limitations and special clauses. Evaluate the following kinds of POAs to determine which form works best for you.
Durable vs. Non-Durable
Decide if you want your power of attorney to operate as a durable or non-durable contract. The durable power of attorney continues your agent’s authority to act even after your incapacitation. In a non-durable arrangement, the agent’s powers will be revoked once the principal is no longer capacitated.
Under MI Comp L § 556.204, any POA that is properly acknowledged or witnessed and is created after July 1, 2024, is assumed to be durable unless it states otherwise. Documents created before this date are assumed non-durable unless the terms include agent authorization beyond the principal’s incapacitation.
Financial
A financial power of attorney in Michigan gives your agent power over various monetary assets and decisions. You can grant general or specific powers and set limitations for what your agent can handle. Choose from the following authorities for your financial agent:
- Handling real property
- Managing stock and bonds
- Changing insurance benefits
- Keeping personal property
- Accessing bank accounts
Medical
Michigan also offers a medical POA, often called a patient advocate designation. In this agreement, the agent is referred to as the patient advocate. Under MI Comp L § 700.5508, for the agent to act, the principal must be deemed unable to make decisions by their doctor and one other doctor or psychologist. Following the guidelines in MI Comp L § 700.5501-700.5520, you can give your agent authorities such as:
- Access to medical records
- Ability to hire or fire caretakers
- Authorizing pain treatments
- Consenting to surgeries or treatment plans
Combining your healthcare POA with a living will or advance directive can give you further control over your end-of-life care. Your agent must follow any instructions provided in these documents to ensure you receive your preferred care.
Durable (Financial)
Remains valid even if the principal becomes incompetent or incapacitated.
Signing Requirements: Two witnesses or a notary public.
Medical
Allows someone to make health care decisions on your behalf.
Signing Requirements: Two witnesses (§ 700.5506).
Limited (Special)
Allows you to appoint an agent with limited powers for specific tasks.
Signing Requirements: Two witnesses or a notary public.
Non-Durable (General)
Transfers broad powers over to the agent, especially in matters pertaining to the principal’s finances.
Signing Requirements: Two witnesses or a notary public.
Springing
Goes into effect when a certain event takes place (e.g., if you become incapacitated).
Signing Requirements: Two witnesses or a notary public.
Vehicle (TR-128)
Appoints an agent to represent you regarding vehicle (motor vehicle, watercraft, or mobile home) transactions.
Signing Requirements: Principal only.
Tax (Form 151)
Appoint someone, such as a tax attorney or certified public accountant, to represent a person at the Michigan Department of Treasury.
Signing Requirements: Taxpayer(s).
Real Estate
Use this for appointing someone to handle your real estate affairs.
Signing Requirements: Two witnesses or a notary public.
Minor (Child)
Temporarily delegate parental responsibilities for your child.
Signing Requirements: Two witnesses or a notary public.
Revocation
Use to revoke a previous power of attorney agreement, allowing the principal to end the agent’s authority.
Signing Requirements: Two witnesses and/or notary public (recommended).
How to Write a Power of Attorney for Michigan
Writing your power of attorney for Michigan requires careful attention to the terms and creation processes. Make an effective POA with the following steps:
- Provide party information: Add the full legal name, address, and contact information for the principal, agent, and successor or co-agents.
- Grant general authority: Give your agent the general authority to handle your matters. General powers include access to bank accounts, personal property, and investments.
- State special powers: Add special instructions or powers that require explicit statements. This typically includes terms regarding trusts, gifting, or beneficiaries.
- Set the effective date: Under MI Comp L § 556.209, POAs become effective at the time of signing unless the terms state otherwise. You can also include terms to enact the POA after a certain event, date, or the principal’s incapacitation.
- Review and sign: Ensure your document includes your desired terms and meets the necessary requirements. Then, sign and date the document and complete the required notarization and witness signatures.
Michigan Power of Attorney Requirements & Legal Considerations
Michigan power of attorney forms have a few legal requirements to ensure a fair and enforceable agreement. Evaluate the following considerations for creating an effective Michigan POA.
Notarization
Under MI Comp L § 556.205, a general power of attorney requires the principal’s signature and either notarization or two witnesses. Eligible witnesses include any competent adult over 18 who is not named as the agent. While notarization is not always required, it ensures your agreement is presumed genuine. This can make it easier to exercise the agent’s legal authority.
Filing
Michigan does not have any formal filing requirements for power of attorney forms; however, it’s recommended that you keep copies for each party. You may also have to provide copies to financial or medical organizations that the agent might access.
In addition, any POA providing agent authority over real estate must be filed with the Register of Deeds in the county where it’s located. For POAs involving taxes or debts, Michigan requires you to file Form 151, also known as the Authorized Representative Declaration.
Revocation
If your POA agreement no longer meets your needs, you can revoke the powers granted. Both the principal and agent have the ability to end the POA when necessary. Under MI Comp L § 556.210, revocation of power of attorney may occur in one of the following ways:
- Principal death or incapacitation: For a durable POA, the principal’s death ends the agent’s authority. In a non-durable contract, the powers end once the agent receives confirmation of the principal’s incapacitation.
- Principal revocation: The principal can write a revocation notice and deliver it to the agent to end their authority. This may occur at any time and effectively terminates the contract.
- Termination clause: The original agreement should include information about the termination of the POA. This can be a date, event, or contingency that triggers revocation.
- Divorce or legal separation: If the principal’s spouse acts as the agent, a divorce filing or legal separation automatically ends their powers.
- Agent resignation: If the agent is no longer willing or able to fulfill their duties, they can write an agent resignation form. Once this form is signed and delivered to the principal, the agent will no longer be legally able to act.
Any acts taken after revocation but before the agent receives the revocation notice are still presumed to be valid. Once the agent is aware of the occurrence of a revocation or qualifying event, they can no longer exercise their authority.
