Michigan Power of Attorney Form

What Is a Power of Attorney?

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.

How To Get a Michigan Power of Attorney Form

In Michigan, you can hire a licensed attorney to create your power of attorney, or you can use a form like the easy-to-use forms we offer. If you use a form, make sure you follow these steps when filling it out:

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.