Free Michigan Power of Attorney (POA) Form

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Last Update September 19th, 2023

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Table of Contents:

Types of Power of Attorney in Michigan
How to Get a Power of Attorney in Michigan
Michigan Power of Attorney Requirements
Michigan Power of Attorney Sample
FAQs About Michigan Power of Attorney Forms

Types of Power of Attorney in Michigan

Before starting a Michigan Power of Attorney it is critical to know what type of POA to create. There are many different varieties of these legal instruments and each grants different kinds of powers from a Principal to an Agent or Attorney-in-Fact.

The most common variants available in Michigan include the following examples:

Durable: Durable Power of Attorney documents are invaluable tools for individuals planning how their estate will be managed in their old age, or in the event of sudden illness or disability. They allow the Agent to act for the Principal even if they become incapacitated.
General: An MI General Power of Attorney form permits an Attorney-in-Fact to perform a number of financial and legal tasks for their Principal. General POAs can operate over a long period of time, although they cease to be effective if the appointing authority becomes incapacitated.
Limited: A Michigan Limited Power of Attorney allows a Principal to grant time-limited powers to an Agent. This is usually to allow the Agent to complete a one-off task such as signing a contract.
Medical: Medical Power of Attorney is a durable form of POA that allows a Principal to appoint a person to make medical decisions for them if they become incapacitated
Vehicle: A Vehicle Power of Attorney gives an Agent the authority to transfer ownership of a car or motorbike belonging to the Principal and to manage other issues related to cars and other motor vehicles.
Springing: A springing Power of Attorney is a legal instrument that allows you to appoint and give authority to an Agent when certain criteria are met and specific events occur. These will normally become active when the Principal becomes incapacitated and unable to act for themselves.
Minor Child Power of Attorney: This variety of Power of Attorney allows a Principal to appoint an Agent to take on their legal parental rights for a limited period of time. This could be for work reasons, deployment in the military, or due to an illness.
Tax: A Tax Power of Attorney form enables you to grant authority to an agent to represent you before Michigan’s Department of Revenue.

How to Get a Power of Attorney in Michigan

A Michigan Power of Attorney can be filled in fully online with our step-by-step form completion survey. All you need to do is answer the questions and add in your own information to create a fully complete POA tailored to your necessities.

Alternatively, the task of creating a POA can be left to a lawyer. However, this is usually a more time-consuming and costly process.

Michigan Power of Attorney Requirements

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.

Lastly, the Agent must be a legal adult or a financial institution with trust powers, a registered place of business within the state and that has the authority to carry out trust business in Michigan. They should also be someone that the Principal has full confidence in.

Michigan Power of Attorney Sample

Before starting your own Michigan Power of Attorney, it can help to look over an example document to understand how your final draft will look and what it will say. Simply view our POA sample now to get a feel for how these documents are written and appear once completed.

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FAQs About Michigan Power of Attorney Forms

It is important to have a good understanding of what Michigan Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.

What Are Some Uses of a Power of Attorney?

A Michigan Power of Attorney can be useful in many situations. First and foremost, it allows you to plan for circumstances where you are unable to adequately manage your own affairs. This may be a situation where you’d like to delegate your decision-making capacity in either healthcare or financial affairs to a trusted professional or friend.

These responsibilities include:

Managing your financial affairs
Making medical decisions for you if you are incapacitated
Handling activities for you such as buying or selling property

How to Sign as a Power of Attorney in Michigan?

Once an MI Power of Attorney is signed and notarized, it can be used by the Agent to carry out duties for the Principal. In order to prove they have the authority to act for the Principal, the Attorney-in-Fact must bring the signed copy of the agreement to the place where they will sign a document on the appointing individual’s behalf.

The Agent must then sign their name on the signature line for the signee and must print their own name next to the name of the Principle on the form. They must also indicate that they are signing on behalf of the Principle as their Power of Attorney.

Who Should Be Your Michigan POA Agent?

When choosing the right Agent for your Michigan POA, it is essential to pick a person (or people) that you trust implicitly.

By granting Power of Attorney to someone you allow them to hold a large amount of responsibility for your financial or even bodily wellbeing. An Agent therefore must be someone you know will take the actions that serve these interests best.

You are only a few steps away from your own Michigan Power of Attorney!

Download our professional examples

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Preview of your Michigan Power of Attorney

STATUTORY FORM POWER OF ATTORNEY

IMPORTANT INFORMATION

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the "Estates and Protected Individuals Code, Durable Power of Attorney and Designation of Patient Advocate, section 700.5501".

This power of attorney does not authorize the agent to make health-care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

DESIGNATION OF AGENT

I, _________, of _________, telephone number _________, and email address _________ name the following person as my agent:

Name of Agent: _________
Agent's Address: _________
Agent's Telephone Number: _________
Agent's Email Address: _________

DURABLE POWER OF ATTORNEY

GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the "Estates and Protected Individuals Code, Durable Power of Attorney and Designation of Patient Advocate, section 700.5501":

(INITIAL each subject you want to include in the agent's general authority.)

________ Real Property
________ Tangible Personal Property
________ Stocks and Bonds
________ Commodities and Options
________ Banks and Other Financial Institutions
________ Operation of Entity or Business
________ Insurance and Annuities
________ Estates, Trusts, and Other Beneficial Interests
________ Claims and Litigation
________ Personal and Family Maintenance
________ Benefits from Governmental Programs or Civil or Military Service
________ Retirement Plans
________ Taxes

LIMITATION ON AGENT'S AUTHORITY

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

SPECIAL INSTRUCTIONS

My Agent(s) is/are entitled to reasonable compensation for services rendered as my Agent.

My Agent(s) is/are entitled to reimbursement for reasonable expenses incurred in acting under this Power of Attorney.

EFFECTIVE DATE

This power of attorney shall be effective immediately and will continue to be effective until my death, even if I became incapacitated, except as may be provided otherwise by an applicable state statute.

This Power of Attorney may be revoked or terminated by me at any time by providing written notice to my Agent.

RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.

SIGNATURES

Dated ____________________, _____, at _________, Michigan.


___________________________________	_______________
_________	Date

Address: _________
Telephone Number: _________
Email Address: _________

___________________________________	_______________
_________	Date

NOTARY ACKNOWLEDGMENT

State of Michigan
_________ County

This document was acknowledged before me on	_______________.
	(date)

by ___________________________________
_________

_____________________________________
(Seal, if any)

Signature of Notary: __________________________________

My commission expires: _______________________________

Michigan Attorney-in-Fact Acknowledgement

I, _________, have been appointed as attorney-in-fact for _________, the principal, under a durable power of attorney dated __________. By signing this document, I acknowledge that if and when I act as attorney-in-fact, all of the following apply:

(a) Except as provided in the durable power of attorney, I must act in accordance with the standards of care applicable to fiduciaries acting under durable powers of attorney.
(b) I must take reasonable steps to follow the instructions of the principal.
(c) Upon request of the principal, I must keep the principal informed of my actions. I must provide an accounting to the principal upon request of the principal, to a guardian or conservator appointed on behalf of the principal upon the request of that guardian or conservator, or pursuant to judicial order.
(d) I cannot make a gift from the principal's property, unless provided for in the durable power of attorney or by judicial order.
(e) Unless provided in the durable power of attorney or by judicial order, I, while acting as attorney-in-fact, cannot create an account or other asset in joint tenancy between the principal and me.
(f) I must maintain records of my transactions as attorney-in-fact, including receipts, disbursements, and investments.
(g) I may be liable for any damage or loss to the principal, and may be subject to any other available remedy, for breach of fiduciary duty owed to the principal. In the durable power of attorney, the principal may exonerate me of any liability to the principal for breach of fiduciary duty except for actions committed by me in bad faith or with reckless indifference. An exoneration clause is not enforceable if inserted as the result of my abuse of a fiduciary or confidential relationship to the principal.
(h) I may be subject to civil or criminal penalties if I violate my duties to the principal.

___________________________________	_______________
_________	Date

IMPORTANT INFORMATION FOR AGENT

Agent's Duties

When you, the agent, 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 shall continue until you resign or the power of attorney is terminated or revoked. Before exercising authority under a durable power of attorney, you, the agent, shall execute the following acknowledgment of your responsibilities:

_________, have been appointed as agent(s) for _________, the principal, under a durable power of attorney on this _____ day of ____________________, 20____. By signing this document, he/they acknowledge that if and when he/they act as an agent, all of the following apply:

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.

(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 in accordance with the standards of care, competence and diligence applicable to fiduciaries exercising powers under a durable power of attorney.

(2) Take reasonable steps to follow the instructions of the principal.

(3) Avoid conflicts that would impair your ability to act in the principal's best interest.

(4) Keep the principal informed of the attorney-in-fact's actions.

(5) Provide an accounting to the principal upon request of the principal, to a conservator or guardian appointed on behalf of the principal upon request of the guardian or conservator, or pursuant to judicial order, by keeping a record of all receipts, disbursements, and transactions made on behalf of the principal.

(6) 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.

(7) 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.

(8) Not make a gift of all or any part of the principal's assets.

(9) Not create an account or other asset in joint tenancy between the principal and the agent.

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.

(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 Estates and Protected Individuals Code, Durable Power of Attorney and Designation of Patient Advocate, section 700.5501. If you violate the law or act outside the authority granted, you may be liable for any damages or losses caused to the principal by your violation and may be subject to any other available remedy, for breaching the fiduciary duties owed to the principal.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.

___________________________________	_______________
_________	Date