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A Michigan power of attorney is a legal arrangement between a principal and an agent where the agent is authorized to perform legal and factual actions on behalf of the principal before various state bodies and institutions.
It is crucial that a power of attorney comply with Michigan law requirements so that the actions taken by the agent are valid and legally binding on the principal.
This includes ensuring that the document is properly executed, contains all necessary provisions, and complies with Michigan law.
Types of Power of Attorney in Michigan
Michigan Durable (Statutory) Power of Attorney Requirements
A signed and dated Michigan durable power of attorney allows an agent to make decisions on the principal's behalf in case they become unable to make them for themselves. (sec. 700.5501)
Michigan General (Financial) Power of Attorney Requirements
The principal can utilize this type of authorization to grant the agent the power to act on their behalf in financial matters.
Michigan Limited (Special) Power of Attorney Requirements
A limited power of attorney allows the principal to grant authorization to an agent to perform specific tasks only.
Michigan Parental (Minors) Power of Attorney Requirements
A Michigan power of attorney for a minor child is a powerful tool for parents who need to temporarily delegate their parental responsibilities.
With this legal document, parents can appoint a trusted individual to make decisions on behalf of their child and ensure their well-being. The designated person can provide the child with the necessary care, including medical attention, education, and general welfare. (sec. 700.5103)
Michigan Medical Power of Attorney Requirements
A principal older than 18 years and of sound mind can authorize a person who also meets these conditions to make a health care decision on the principal's behalf when they are unable to do so. (sec.700.5506)
Michigan Springing Power of Attorney Requirements
A springing power of attorney is a special type of power of attorney that does not take effect until a specified event occurs, most commonly the principal's incapacity or inability to make choices for themselves.
Michigan Vehicle Power of Attorney Requirements
This power of attorney allows the principal to grant power to the agent, so the agent can perform transactions related to the principal's vehicles on their behalf, such as transferring ownership or registering a new vehicle.
Michigan Revocation of Power of Attorney Requirements
Revocation of a power of attorney is one way to terminate an agent's authorization. In this case, the principal signs a written document stating their intent to revoke the previously granted power of attorney.
Michigan Tax Power of Attorney Requirements
This type of power of attorney is used by the principal when they want to authorize a person or an accounting firm to communicate on their behalf with the Michigan Department of Treasury. This includes filing tax returns, requesting refunds or credits, and resolving any tax issues that may arise.
Michigan Real Estate Power of Attorney Requirements
This type of power of attorney allows the agent to make important decisions regarding the principal's real estate, such as buying, selling, leasing, or managing properties, and ensures that the principal's interests are protected in all transactions.
Legal Requirements for a Power of Attorney in Michigan
To be legally valid, a Michigan power of attorney must meet the following requirements:
Legal Requirements
Legal age. Both the principal and the agent must be over 18 years of age and be able to think, understand the meaning of authorization, and make sound decisions.
Sign and date. The principal must date and sign the power of attorney.
Certification. In Michigan, creating a power of attorney requires either signing the document in the presence of a notary public or having two witnesses present during the signing process.Who Can Be an Agent for a Power of Attorney in Michigan
Who Can Be an Agent for a Power of Attorney in Michigan
The agent must be an individual who is over the age of 18 and capable of understanding and fulfilling their obligations under the power of attorney.
It is common for principals to choose family members or close friends to be their agents because that person makes decisions and acts on the principal's behalf. However, it is also possible to choose a professional agent, such as an attorney or a licensed fiduciary.
How to Create a Michigan Power of Attorney
Power of Attorney in Michigan
#1. Decide on Which Type of Document to Use
The type of power of attorney you require depends on the specific purpose for which you need an agent. There are various types of powers of attorney available based on the fields and actions in which the agent will represent you.
#2. Select an Agent
Choose an agent who is an adult, trustworthy, physically capable, and willing to behave in accordance with your wishes.
#3. Define the Agent’s Powers
In your power of attorney, precisely define the agent's powers to make sure that they have a clear understanding of your wishes and preferences, as well as any limitations you may have placed on their authority.
#4. Download & Fill in Our Form
Selecting the appropriate form of power of attorney is essential to meeting your specific needs.
Once you have identified the appropriate document, download it and fill out the required sections according to your needs.
#5. Get It Signed & Notarized
A Michigan power of attorney is legally binding when the principal signs and dates the document in front of a notary public or witnesses.
This validates the authenticity of the document and provides evidence of the granted authority.
#6. Safely Store the Original Copy
Keep the original copy of your power of attorney document in a secure location, as it serves as proof of the authority granted to your agent and any limitations on that authority.
#7. Provide Copies to Relevant Parties
Provide a copy of the power of attorney document to your agent and any other parties who may need to rely on it, such as banks, medical professionals, or government agencies.
#8. Update the Document as Needed
Any necessary changes should be documented in a revised power of attorney with the principal's signature and date. This way, the changes made are legally valid, and the agent has the most up-to-date information and authority to act on your behalf.
How Long Does a Power of Attorney Last in Michigan?
Michigan law states that a power of attorney is effective for the period of time you define in the document. A power of attorney can be terminated at any time or upon the occurrence of a specified event.
Otherwise, a power of attorney automatically expires when the principal or agent passes away or becomes incapable (except if the principal creates a durable power of attorney, which will remain in effect even if the principal becomes incapacitated).
Additionally, if you wish to revoke or terminate a power of attorney, you can do so at any time, as long as you have the legal capacity to do so.
Michigan Power of Attorney FAQ
A power of attorney is a legal tool utilized when an individual requires representation in their absence, such as due to illness, or when they have someone they can trust to act on their behalf in specific areas of expertise.
A power of attorney gives another person, the agent, the right to act in the individual's name and look out for their best interests in different situations.
In the state of Michigan, a power of attorney must be notarized or witnessed to be legally valid and binding.
A power of attorney protects your interests while you are alive.
However, it does not address the distribution of your assets after your death, which is where a will comes in. A will allows you to name an executor to manage your estate and distribute your assets according to your wishes.