A Power of Attorney (POA) in Michigan is a document with which a person can authorize another to act on their behalf with the same level of authority.
A POA is used to transfer decision-making authority to someone else to allow that person to make legally binding decisions concerning the person granting authority or their affairs. The person granting the authority is referred to as the principal, and the person to whom authority is granted is designated the attorney-in-fact or agent.
POAs allow the attorney-in-fact to take specific actions or make decisions when the principal is unable to do so, either due to incapacitation, absence, or the attorney-in-fact needs to execute some duty for which they were hired. A POA in Michigan will specify what matters the attorney-in-fact can represent the principal and the extent to which the attorney-in-fact’s authority remains valid. Affairs entrusted to an attorney-in-fact using a POA are usually financial matters, medical care decisions, the care of minor children, or any other custom arrangement.
The attorney-in-fact’s decisions made on behalf of the principal are legally binding. Therefore, they cannot be revoked later, as the decision is respected as though the principal themself had made the decision. Furthermore, an attorney-in-fact who uses the powers granted to act contrary to their principal’s interest is liable to civil or criminal prosecution in the state.
Free Editable POA Forms
Below are professionally designed and readily available templates for Michigan Power of Attorney Forms. They are available for free download and provide a convenient and efficient solution for drafting your power of attorney documents. By using these templates, you can save time, ensure accuracy, and have a well-crafted power of attorney tailored to your specific needs.
Using a POA document
A Michigan power of attorney document informs all relevant entities that the person whose name is specified in the document has been empowered to act by the principal in their stead. As an agent, this intent must be communicated accurately to facilitate the function of the responsibility given.
The document that identifies you have POA
The POA document signed by the principal identifies the agent as their representative in Michigan. A copy of this document should be present with the agent on any occasion when they have to make a decision or sign for the principal.
For example, while some institutions might make filings to document the transfer of authority, a POA document will be required at a first meeting. The agent should also carry a means of identification, such as a driver’s license, to verify that they are the person named in the identifying document.
Use the correct procedure for signatures
The principal is involved in whatever decision the attorney-in-fact makes, and this must be reflected every time the attorney-in-fact signs on behalf of the principal. Therefore, every signature the attorney-in-fact makes must show the principal’s name first, followed by an indication that the signature was made on behalf of the principal. This should typically include statements such as “[principal’s name] by [agent’s name]”, followed by the designation “attorney-in-fact”.
Michigan Power of Attorney Requirements
Section 700.5501 of the Michigan Compiled Laws details the conditions that must be satisfied when creating a power of attorney for the delegation of authority to be acknowledged under the law. A POA document must satisfy the following:
- Include the principal’s complete name and address: The person granting authority to another for using a POA must be easily identifiable by whomever the POA is presented to. Therefore, the POA should include the principal’s first name, middle name, last name, and address in a POA.
This is usually the starting part of a POA and includes statements such as
“I [principal’s name] of [principal’s address] grants….”
- Include the complete name and address of the attorney-in-fact: The person to whom the principal is granting authority should likewise be easily identifiable without error. Therefore, the attorney-in-fact’s first name, middle name, last name, and address should also appear on the POA.
This typically follows the statement detailing what powers are being granted and includes statements such as
“to [attorney-in-fact’s name] of [attorney-in-fact’s address].
- Include the date on which the document was signed: The date that appears on the POA notifies all parties involved of the time that the document came into existence. The date is also essential for determining when the attorney-in-fact gains authority when statements such as
“effective immediately” or “in X days” denote the period of activation of the POA.
- State the powers being granted to the attorney in fact and the date the powers become effective: A POA must clearly define what authority is given to confine the responsibility of the attorney-in-fact solely to what is intended. The wording must be clear, concise, and prevent ambiguity. Wording such as “all”, “total”, or “general” should be used carefully. The period from which the attorney-in-fact can begin to function must also be stated to either begin immediately, at a date in the future or upon the occurrence of an event.
- State the duration for which the attorney-in-fact retains the powers granted: An indication must be included in a POA to show how long the attorney-in-fact is to represent the principal. As most POAs in Michigan are durable by default, a particular date in the future or the occurrence of a specific event must be stated to be the endpoint of an attorney-in-fact’s authority.
- Include the signature of the principal or a notary public made on behalf of the principal in the presence of the principal: The principal of a POA must indicate that the transfer of authority to the attorney-in-fact is made with their consent. The principal must sign upon the POA document in the presence of a notary public or two witnesses to certify that they are indeed delegating authority to the attorney-in-fact.
- The signature of a notary public or two witnesses: To prevent the seizing of authority from an unwitting person, a POA must be signed before a notary public or two witnesses (neither of whom is the attorney-in-fact) to certify the document.
After a POA document is established, the attorney-in-fact must sign an acceptance that states that they receive the powers granted and will act in the principal’s best interest.
Types of POA in Michigan
There are several types of Michigan POAs to facilitate a variety of arrangements. The type of POA used to set up an arrangement determines what scope of power can be given to the attorney-in-fact, and the affairs that can be managed using that POA.
Here are several Michigan power of attorney types:
Durable (Financial) Power of Attorney
A durable (financial) POA grants authority to the attorney-in-fact to manage some or all of the principal’s business or financial matters to a specific extent in Michigan. A durable (financial) POA states the authorization of the attorney-in-fact to remain valid even when the principal becomes incapacitated and can no longer make independent decisions. Unless specified, all POAs are durable by default and can remain valid throughout the principal’s life. Durable POAs are defined under Section 700.5501 of the Michigan Compiled Laws. As stated under this section, durable POAs must be signed before two witnesses (neither of whom is the principal) or a notary public.
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney
A general (financial) Michigan POA grants authorization to the attorney-in-fact to manage the principal’s business or financial matters to a specific extent. Unlike the durable financial POA, this type of POA becomes invalid once the principal becomes incapacitated.
Download: Microsoft Word (.docx)
Limited Power of Attorney
A limited Michigan POA allows an agent to exercise authority in some specific duty and no more. The authority granted to the agent is carefully bounded, and the agent is restricted in what they can do.
Download: Microsoft Word (.docx)
Medical Power of Attorney
A medical POA in Michigan allows a principal to transfer decision-making authority in medical matters to the attorney-in-fact during medical situations where the principal cannot make such decisions themself. For example, using a medical POA, the attorney-in-fact can grant authorization on what medical procedures can be used to preserve the principal’s life or make anatomical gifts of the principal’s body. A medical POA in Michigan is also referred to as a Designation of Patient Advocate and is covered under Section 700.5506 of the Michigan Compiled Laws. As per this section, the attorney-in-fact and the principal must be at least 18 years of age to sign a POA. A medical POA in Michigan must be signed and executed before two witnesses, both of whom must sign, and confirm that the principal is mentally competent and not under stress.
Download: Microsoft Word (.docx)
Minor (Child) Michigan Power of Attorney
A minor (child) POA is used to grant temporary guardianship of a child under the age of 18 to another person by the child’s current parents or permanent guardian in Michigan. This POA grants authority to the temporary guardian to make decisions on matters of care, custody, and property concerning the child without needing further authorization for a period not exceeding 180 days. A minor child POA cannot be used to consent on behalf of the child to marriage or put the child up for adoption. The delegation of power by a parent or a guardian is covered under Section 700.5103 of the Michigan Compiled Laws.
Download: Microsoft Word (.docx)
Power of Attorney Revocation Form
Revocation of Michigan power of attorney is a document where the principal in a POA can recall the decision-making power granted to an agent. Following the activation of revocation of POA, the agent can no longer make decisions on behalf of the principal. This document is required when terminating a non-beneficial POA and before reassigning agents.
Download: Microsoft Word (.docx)
Real Estate Power of Attorney Form
A real estate POA for Michigan is employed between a principal with real property and a professional hired to manage that real property. Under this POA, the principal authorizes the agent to handle real estate transactions on the property, either by acquiring, selling, or mortgaging the principal’s property to generate profit for the principal.
Download: Microsoft Word (.docx)
Tax Power of Attorney (Form 151)
A tax power of attorney authorizes an appointed person to represent the principal before the Michigan Department of Treasury. The appointee can file tax statements and appear in place of the principal whenever required. A tax power of attorney in Michigan is put in place by obtaining, filling, and filing Form 151 accessible from the website of the Michigan government. This form is not notarized but must be approved by the Department of Treasury.
Download: Microsoft Word (.docx)
Vehicle Power of Attorney (TR-128)
This is a type of POA with which a principal can authorize a representative to handle the sale, titling, or registration of a motor vehicle, watercraft, or mobile home on their behalf. A document called Form TR-128, obtainable from the website of the Michigan government, must be filled by the principal and issued to the representative to delegate authority.
Download: Microsoft Word (.docx)
Springing Power of Attorney
A springing POA for Michigan is a delegation of decision-making power that only comes into effect upon a specific event. The attorney-in-fact gains the authorization to manage the principal’s affairs at a time in the future.
Download: Microsoft Word (.docx)
How to Get Power of Attorney in Michigan?
A power of attorney in Michigan is created by a handwritten or typed document that states the principal is empowering some individual to make decisions on their behalf on a specific matter, to a specific extent, and within a specific period.
There are no standardized documents for creating a POA, except in specific instances, but the requirements by law stated above must be included in any document to serve this purpose.
A POA can also be written up on behalf of the principal as long as the principal directs the writing and is mentally competent enough to do so.
Creating a power of attorney is a straightforward task and can be easily accomplished using the following steps:
Grant authority and present stipulations
A POA grants authority to another person, either bounded or unbounded. A POA must include a clear statement of the authority being given to an attorney-in-fact. This statement should indicate the particular affair to be delegated. If the powers granted to the agent are to be regulated, the POA should also include a statement to that effect. An agent can likewise be given total authority over an aspect of the principal’s affairs.
Principal sign and date
The principal must sign the POA document before either a notary public, two witnesses (neither of whom is the attorney-in-fact), or both to give the document legal authority. The date on which the POA is signed must also be included to make it obvious when the agent’s powers can come into effect.
Accept the POA
The attorney-in-fact is then required to sign an acceptance of the powers and responsibility conferred for the POA to be fully established. After this, the attorney-in-fact can begin to act on behalf of the principal when the POA activates based on the date written in the POA or upon the occurrence of any condition set by the principal (for springing POAs).
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Conclusion
A Michigan power of attorney is a handy document for any resident of the state of Michigan to possess as a safeguard against the uncertainties of the future. By transferring authority from one person to another when needed, assurance can be created that some affairs are being taken care of even not present. For example, undesired medical procedures can be prohibited during medical emergencies, minor children can be cared for in absentia, and professionals can be given leeway to conduct their business uninterrupted.
POAs are powerful documents carefully regulated under the law. Principals and attorneys-in-fact must adhere to specific stipulations when creating one to ensure that the document is valid. While comparatively easy to use, POAs have a significant impact that should necessitate care when creating one.
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