What Is a Power of Attorney in Michigan?
A power of attorney (POA) is a legal document in which you, the principal, authorize another person, called the agent, to act for you. Depending on the form, a Michigan POA may let an agent:
- Manage bank accounts and pay bills
- Handle property or business transactions
- File taxes or apply for benefits
- Sign contracts and other documents
- Make healthcare decisions
- Complete a specific task
Michigan’s Uniform Power of Attorney Act governs most financial POAs created on or after July 1, 2024. Medical and minor child authorizations follow separate rules.
Michigan Power of Attorney Requirements
The power of attorney requirements in Michigan depend on the type of authority granted. For most financial POAs created on or after July 1, 2024, the following rules apply:
- The document must identify the principal and agent and state the authority being granted.
- The principal must sign it or direct another person to sign in the principal’s conscious presence.
- To make the POA durable, the principal must sign before a notary or two witnesses.
- Neither witness may be named as an agent in the document.
- If someone signs for the principal, two witnesses are required, even when the document is notarized.
- Before acting under a durable POA, the agent must sign an acknowledgment of their legal duties.
Keep in mind, however, that a medical power of attorney and a Michigan power of attorney for a minor child have different signing and witness requirements.
Types of Michigan Power of Attorney
The right form depends on the decisions you want the agent to make and when the authority should apply. Common Michigan POA forms include:
- General: Gives broad authority over financial, property, business, and legal matters.
- Medical: Names a patient advocate to make healthcare decisions when you cannot participate in them.
- Durable: Continues during the principal’s incapacity.
- Limited: Covers a specific task, transaction, or period.
- Minor child: Delegates certain parental or guardian powers for a limited period.
- Springing: Begins on a stated future date or after a specified event, such as incapacity.
- Real estate: Authorizes selected property transactions, such as buying, selling, leasing, or managing real estate.
- DMV: Uses Michigan’s TR-128 Appointment of Agent for certain vehicle, watercraft, or mobile home transactions.
General Power of Attorney in Michigan
If you want someone to handle a wide range of financial or legal matters, you can use a general power of attorney form in Michigan.
Your agent may manage accounts, taxes, investments, property, contracts, and benefits. The POA remains durable when properly executed unless it states otherwise.
Create Your Michigan General Power of Attorney
Medical Power of Attorney in Michigan (Patient Advocate Designation)
To authorize someone to make healthcare decisions for you, complete a Patient Advocate Designation, Michigan’s medical power of attorney. Your advocate can act only after two qualified professionals document that you cannot participate. Two eligible witnesses are required, and your advocate must accept the role before acting.
Create Your Michigan Medical Power of Attorney
Durable Power of Attorney in Michigan
If you want your agent to keep acting during incapacity, choose a durable power of attorney in Michigan. Financial POAs created since July 1, 2024, are durable by default when properly executed. Use a revocation form to cancel it; authority also ends at death or another stated event.
Create Your Michigan Durable Power of Attorney
Limited Power of Attorney in Michigan
If you need an agent to complete a single task or transaction, use a limited power of attorney form in Michigan. Clearly state what your agent may do, any restrictions, the effective date, and the end date. This keeps the authority from becoming broader or lasting longer than you intended.
Create Your Michigan Limited Power of Attorney
Minor Child Power of Attorney in Michigan
To give an individual the authority to care for your child, a Michigan power of attorney for a minor child can delegate certain parental powers for up to 180 days. Foreign military deployment may allow longer. It cannot transfer custody or authorize adoption; a guardian must notify the court.
Create Your Michigan Minor Child Power of Attorney
How to Get a Power of Attorney in Michigan
With Lumr’s Michigan power of attorney template, you can customize the document around the authority you want to grant. Follow these steps to prepare, download, and execute your form.
- 1
Choose the type of power of attorney form
Select a general, financial, or other type of form based on the authority you need to give to the agent.
- 2
Enter the parties’ information
Add your legal name along with the agent’s name and contact details. Include a successor agent if appropriate.
- 3
Establish the agent’s authority
List the type of powers your agent may exercise and mention any limits clearly in the document.
- 4
Specify the time period
Mention whether the document’s authority begins right away, on a future date, or after a stated event. Add an expiration date when appropriate.
- 5
Go over the completed template
Review all names, addresses, dates, powers, restrictions, and termination terms. Confirm that the chosen form matches its intended purpose.
- 6
Download and print the document
Save the completed PDF and print the copies needed for signing and distribution.
- 7
Sign the Michigan POA correctly
Follow the signing rules for your form. For a durable financial POA, use a notary or two qualified witnesses, and complete the required agent acknowledgment.
- 8
Keep and share copies:
Keep the original secure and give copies to the agent and relevant institutions. If the POA is revoked, notify everyone that may rely on it.