A power of attorney (POA) document allows an individual (the “principal”) to empower a person of his/her choosing (the “agent” or the “attorney-in-fact”) to perform the principal’s business and financial duties when the principal cannot do it.
Depending on your specific needs and circumstances, you may need one or more of the following types of powers of attorney documents.
- Michigan Powers of Attorney
- How to Get Power of Attorney in Michigan
Durable Power of Attorney – Michigan
A durable power of attorney remains valid even if the principal becomes incompetent or incapacitated.
MICHIGAN POWER OF ATTORNEY
I, __________, am of sound mind, and I voluntarily make this designation.
I designate __________, my __________, living at __________, __________, __________, MI __________, to act for me as my agent, with the powers set forth in this document. If my first choice cannot serve or cannot continue to serve, I designate __________, my __________, living at __________, __________, MI __________ to act for me as my agent. I have discussed this appointment with the individual or individuals I have designated.
(You must choose one paragraph by writing your initials on the line)
[ ] ____________ My agent has the powers set forth in this document immediately upon my signing it. These powers shall not be affected by any mental or physical disability I may have in the future.
[ ] ____________ My agent shall only have the powers set forth in this document when it is determined I am unable to manage my property and financial affairs effectively. That determination shall be made by my attending physician, who shall put it in writing.
My agent shall exercise powers in my best interests and for my welfare, as a fiduciary. My agent shall have the following powers:
BANKING – To receive funds, deposit funds in any financial institution, and make withdrawals by check or otherwise to pay for goods, services, and any other personal and business expenses for my benefit. To effect her or his powers, my agent has power to sign a power of attorney drafted by the institution, and shall have access to my safe deposit box.
GOVERNMENT BENEFITS – To apply for and receive any government benefits for which I may be eligible or become eligible, including but not limited to, Social Security, Medicare and Medicaid.
INVESTMENTS – To invest and reinvest my funds, and to withdraw funds to the extent needed to pay for my needs.
RETIREMENT PLAN – To contribute to, select payment option of, roll-over, and receive benefits of any retirement plan or IRA, except my agent shall not have power to change the beneficiary of any plan or IRA.
TAXES – To complete and sign any local, state and federal tax returns, pay any taxes and assessments due and receive credits and refunds, to sign any IRS documents necessary to effectuate these powers.
INSURANCE – To purchase, pay premiums and make claims on life, health, automobile and homeowners’ insurance, except my agent shall not have the power to cash in or change the beneficiary of any life insurance policy.
REAL ESTATE – To purchase, sell, lease, repair, improve, mortgage, and make mortgage and utility payments upon real property. A legal description is attached.
PERSONAL PROPERTY – To hold personal property for safekeeping, and to buy and sell personal property, including motor vehicles.
LEGAL ADVICE AND PROCEEDINGS – To obtain and pay for legal advice, to initiate or defend legal and administrative proceedings on my behalf, including actions against third parties who refuse without cause to honor this document.
ESTATE PLAN – My agent has no authority to make or amend a will on my behalf, and has no power to make gifts on my behalf except to my spouse. My agent has access to my will; in exercising powers, my agent shall take into account my estate plan as known to the agent.
On the following lines are any special instructions limiting or extending the powers I give to my agent.
No person in Michigan or in any other state who relies upon representations of my agent under this durable power of attorney shall be liable to me or my estate without actual knowledge my agent did not have power to act.
My agent shall not incur any liability to me under this power except for a breach of fiduciary duty.
My agent is entitled to reimbursement for reasonable expenses incurred in exercising powers, and to reasonable compensation for services as agent.
I can amend or revoke this power of attorney through a writing delivered to my agent. Revocation is not effective as to a third party until the third party learns of it.
Photocopies of this document can be relied upon as though they were originals.
SIGNATURE OF PRINCIPAL AND ACKNOWLEDGMENT OF PRINCIPAL
I sign this document voluntarily, and I understand its purpose.
Your Signature____________________________________ Date________________________
Your Name Printed: __________
Your Address: __________, __________, __________, MI __________
Your Telephone Number: __________
STATEMENT AND SIGNATURE OF WITNESSES
We sign below as witnesses. This declaration was signed in our presence. The declarant appears to be of sound mind, and to be making this designation voluntarily, without duress, fraud, or undue influence. Neither of us is an agent named in this document.
WITNESS: ___________________________________________ (Signature of witness)
WITNESS: ____________________________________________ (Signature of witness)
SIGNATURE OF NOTARY
Sworn to and signed by __________ (Name of Principal)
this _____________________ month _______day of 20____.
_________________________________________________ (Signature of notary public)
My commission expires ______________________
IMPORTANT INFORMATION FOR AGENT
When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:
(1) do what you know the principal reasonably expects you to do with the principal’s property or, if you do not know the principal’s expectations, act in the principal’s best interest;
(2) act in good faith;
(3) do nothing beyond the authority granted in this power of attorney; and
(4) disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as “agent” in the following manner:
(Principal’s Name) by (Your Signature) as Agent
Unless the Special Instructions in this power of attorney state otherwise, you must also:
(1) act loyally for the principal’s benefit;
(2) avoid conflicts that would impair your ability to act in the principal’s best interest;
(3) act with care, competence, and diligence;
(4) keep a record of all receipts, disbursements, and transactions made on behalf of the principal;
(5) cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal’s expectations, to act in the principal’s best interest; and attempt to preserve the principal’s estate plan if you know the plan and preserving the plan is consistent with the principal’s best interest.
Termination of Agent’s Authority
You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:
(1) death of the principal;
(2) the principal’s revocation of the power of attorney or your authority;
(3) the occurrence of a termination event stated in the power of attorney;
(4) the purpose of the power of attorney is fully accomplished; or
(5) if you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.
Liability of Agent
The meaning of the authority granted to you is defined in the Uniform Durable Power of Attorney Act, Michigan Compiled Laws, Section 700.5501. If you violate the Uniform Durable Power of Attorney Act, Michigan Compiled Laws, Section 700.5501, or act outside the authority granted, you may be liable for any damages caused by your violation.
If there is anything about this document or your duties that you do not understand, you should seek legal advice.
AGENT’S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT’S AUTHORITY
State of Michigan
County of __________
I, __________ (Name of Agent) certify under penalty of perjury that __________ (Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated ________________________________.
I, further certify that to my knowledge:
(1) The Principal is alive and has not revoked the power of attorney or my authority to act under the power of attorney and the power of attorney and my authority to act under the power of attorney have not terminated;
(2) If the power of attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;
(3) If I was named as a successor agent, the prior agent is no longer able or willing to serve; and
___________________________________________ (Insert other relevant statements)
SIGNATURE AND ACKNOWLEDGMENT AGENT
Agent’s Signature__________________________________ Date________________________
Agent’s Name Printed: __________
Agent’s Address: __________, __________, __________, MI __________
Agent’s Telephone Number: __________
This document was acknowledged before me on
_________________________ (Date), by __________ (Name of Agent).
Signature of Notary _________________________
(Seal, if any)
My commission expires: _________________________
This document prepared by: __________
MI Durable POA Download Options:
In the state of Michigan, powers of attorney are presumed to be durable (by default) unless stated otherwise within the document.
Medical Power of Attorney – Michigan
A power of attorney relating to health and medical decisions is called a medical power of attorney document.
MI Medical POA Download Options:
Michigan’s version of a medical power of attorney is called a Designation of Patient Advocate.
General Power of Attorney – Michigan
A general power of attorney is one that transfers broad powers over to the agent, especially in matters pertaining to the principal’s finances.
MI General POA Download Options:
By contrast, a limited power of attorney, such as the two types below (real estate and DMV powers of attorney) are much narrower in their scope.
Real Estate Power of Attorney Michigan
A real estate power of attorney is a limited power of attorney written to grant powers relating to real estate transactions.
MI Real Estate POA Download Options:
Michigan DMV Power of Attorney
Another type of a limited power of attorney, a DMV power of attorney is used to appoint an agent to represent you when it comes to vehicle (motor vehicle, water craft, or mobile home) transactions.Michigan DMV Power of Attorney For a Motor Vehicle
MI DMV POA Download Options:
How to Get Power of Attorney in Michigan
Michigan does not offer any type of standardized power of attorney form. You can use any form as long as it complies with Section 700.5501 of Michigan Compiled Laws, Estates and Protected Individuals Code Act 386 of 1998.
All of our forms comply with the power of attorney laws in Michigan. Getting a power of attorney in Michigan is as simple as using these forms:
- Medical POA, for healthcare-related powers
- General POA, for powers relating to a wide range of financial transactions
- Real Estate POA, for real property-related powers
- DMV POA, for powers relating to vehicle transactions
Remember, all of the above are durable powers of attorney templates.
Michigan Power of Attorney Requirements
For a power of attorney document to be valid in Michigan, the document must include the following:
- Principal’s complete name and address
- Complete name and address of the attorney-in-fact
- Date the agreement was signed
- Specific powers granted and when their powers begin and end
- Signature of the principal or a notary public in the presence and on the behalf of the principal
- Signature of a notary public or two witnesses (neither of which can be the attorney-in-fact)
- Date of when powers begin and expire