A Michigan power of attorney is a document that allows an individual (the “principal”) to empower a person of their choosing (the “agent” or the “attorney-in-fact”) to perform the principal’s business and financial duties or make important health care decisions on their behalf.
Laws
Statute: Uniform Power of Attorney Act (UPOAA).
Advisory: Important Changes Due to UPOAA (Effective July 1, 2024)
The Uniform Power of Attorney Act (UPOAA), which took effect on July 1, 2024, impacts all power of attorney forms, including those signed prior to this date. While previously valid POAs are still legally recognized, it’s crucial to verify whether your document is notarized. If your POA was not notarized, it’s advisable to re-execute it before a notary to ensure it fully benefits from the enhanced protections provided by the new law.
By Type
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).
