How do I create a power of attorney in Michigan?
Michigan maintains its own POA scheme within the Estates and Protected Individuals Code (EPIC).
1. Governing Law
MCL §§ 700.5501-700.5520 (Durable Power of Attorney provisions of EPIC). Michigan has not adopted the UPOAA.
2. Types
3. Statutory Form
Michigan does NOT provide a single statutory short form for property POAs. Drafters must enumerate authorities. The Patient Advocate Designation has a model form in § 700.5506.
4. Execution Formalities
Under MCL § 700.5501(2), the POA must be signed by the principal AND either: (a) acknowledged before a notary public, OR (b) signed by two witnesses in the principal's presence (witnesses cannot be the agent). Most Michigan POAs use both notarization and witnesses to maximize cross-state acceptance.
Section 700.5501(1) also requires the AGENT to sign an acknowledgment of duties before exercising authority — a Michigan-specific requirement.
5. Durability
A POA is durable when it contains the words "This power of attorney is not affected by my subsequent disability or incapacity" or similar (MCL § 700.5501(1)). NOT automatically durable.
6. Acceptance by Third Parties
MCL § 700.5505 protects third parties relying in good faith. Michigan does not have the UPOAA's mandatory-acceptance/attorney-fee provisions; refusing institutions face less direct exposure. However, a court may still order acceptance.
7. Revocation
Principal may revoke in writing at any time. Notice to agent terminates authority. Record in the Register of Deeds if real-estate POA was recorded. Death, divorce as to spouse-agent (per case law), or court-appointed conservator terminates.
8. Special Authorities
Express grant required for: gifting, beneficiary changes, trust creation/amendment, survivorship rights, retirement-account decisions. Michigan courts construe POAs narrowly — general language is insufficient.
This is legal information, not legal advice.
- Bank refuses Michigan POA citing lack of UPOAA acceptance protections
- Agent acknowledgment requirement was missed before exercising authority
- Need a Patient Advocate Designation coordinated with property POA
- MCL § 700.5501
- MCL § 700.5502
- MCL § 700.5505
- MCL § 700.5506
- MCL § 700.5507
- MCL § 700.5512
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.