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Choose someone to act in financial matters on your behalf by executing a power of attorney (POA). FindLaw’s guided process means you can complete your own POA quickly and easily.

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Do I really need a power of attorney in Michigan?

If you want to choose who will manage your finances (such as paying your bills) when you become incapacitated, you need a power of attorney. If you do not have a power of attorney, a Michigan probate court likely will appoint a guardian and conservator for you.

Probate court proceedings can be expensive and take a long time. The court process also can cause additional stress for your loved ones, and a court might appoint someone you do not want to make decisions for you.

There is no better time than today to get your power of attorney. FindLaw provides everything you need to create your document now.

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Last updated: January 28, 2022

Written by:

Jocelyn Mackie, J.D.

Contributing Author

Reviewed by:

Bridget Molitor, J.D.

Managing Editor

Michigan power of attorney options to suit your needs

Power of Attorney
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All the forms you need to create a personal estate plan

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Last will and testament

Health care directive

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How it works

The process takes less than an hour, and you can complete it from the comfort of your home

Create an account

Create a secure account which is accessible through an easy dashboard you can access any time

Gather information

Indicate who your agent will be and what authority you want them to have

Complete your document

Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing

Make it legal

Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary

How to get a Michigan power of attorney

Understand how a POA works in Michigan

A power of attorney is a legal document that allows you to give someone the legal authority to act or make decisions on your behalf. The person who makes a power of attorney is called the principal, and the person who acts for the principal is called the attorney-in-fact or agent.

In Michigan, there are several types of powers of attorney:

General power of attorney: Gives your attorney-in-fact broad powers to act for you.
Limited power of attorney: Gives your attorney-in-fact authority to take only one action or handle a few types of transactions.
Durable power of attorney: Remains effective when you are incapacitated.
Nondurable power of attorney: Terminates when you are incapacitated.
Springing power of attorney: Does not become effective until a future date or event, such as incapacity.

You can combine some of the above. For example, you can have a general power of attorney that is durable or nondurable.

Choose your attorney-in-fact

You must pick someone you trust to keep your property and money safe. Your attorney-in-fact should be responsible and comfortable speaking with financial and legal professionals. You also should name one or more successor agents to act when your first choice is unable to serve.

Choose how much authority to give your attorney-in-fact

When filling out your form, you can select the powers you want your attorney-in-fact to have. If you want them to act for you when you are incapacitated, you should give your agent broad and flexible enough authority to deal with unexpected circumstances.

Sign your form with two witnesses and a notary public

If you do not sign your power of attorney correctly, it will not be valid. Michigan law requires you to sign and date your power of attorney with two adult witnesses present. Both witnesses must sign it, and neither witness can be your attorney-in-fact. Finally, you must acknowledge your power of attorney before a notary public.

Have your attorney-in-fact sign an acknowledgment

In Michigan, your attorney-in-fact must sign an acknowledgment of duties. The acknowledgment describes their responsibilities to you.

Make sure your power of attorney is in the right hands

After your power of attorney is signed, witnessed, and notarized, make sure you keep it in a safe location. Your attorney-in-fact should have a copy to prove they have authority to act for you. You also can give copies to trusted friends and family members. If you want specific businesses or financial institutions to deal with your attorney-in-fact, you can give them copies as well.

You may want to speak with a lawyer if:

You don’t know who to choose as your agent
You want to use a POA for Medicaid planning
You want to discuss which powers you should give your agent
You want legal review of your completed power of attorney

Find a local estate planning lawyer

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Commonly asked questions about powers of attorney in Michigan

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Is there such a thing as a free power of attorney?

You can find free forms on the internet, but you should think twice about using a free form. If a website offers a free form, it is unlikely they are updating the form when laws change. If you use a form, it is safer to purchase a form from a reliable source.

Do I need a lawyer for a power of attorney?

A lawyer is not required to make a power of attorney in Michigan. If you are comfortable filling out a form, you can make one yourself.

However, if you have trouble selecting an agent or have legal questions, you can ask an attorney licensed in Michigan for legal advice. An attorney can review your form, or they can make one for you. If you want a trust or last will and testament, many estate planning attorneys will include a power of attorney in an estate planning package.

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