In order to make sure your POA is fully valid upon completion and signing, you must make sure that you follow the right steps to prepare your Michigan Power of Attorney document before successfully putting it into action.
To do this you will need to meet the following criteria:
- Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted.
- The completed form should be signed by both the Agent and Principal.
- It is essential that the signing of the document is viewed by 2 witnesses or a notary public who must also sign the form.
- A notary public must also be present at the signing to notarize the document.
- In the event that the POA will be used to manage real estate, the document must be filed with the clerk of the county where the property is located 30 days after signing.
In addition to these steps, it is crucial that all the signing parties are legally able to enter into this agreement. This means that they must:
- Be over 18 years of age.
- Be mentally competent enough to enter into a contractual agreement.
- Understand the powers that are being granted.
Additionally, the Agent must be a legal adult or a financial institution with trust powers, a registered place of business within the state, and have the authority to carry out trust business in Michigan. They should also be someone that the Principal has full confidence in.
Lastly, you can use your Michigan Power of Attorney (POA) in other states, as Michigan officially adopted the Uniform Power of Attorney Act (UPOAA) on July 1st, 2024.
Unless mentioned otherwise, your POA will be seen as durable in other states if created after July 1st, provided those states have also adopted the UPOAA. If you created your Michigan Power of Attorney before July 1st, 2024, it will be considered valid if it was signed in compliance with the laws that were in effect at the time it was executed.
It's important to familiarize yourself with the specific guidelines for writing a POA under the UPOAA to ensure its validity across state lines.