Free Michigan Power of Attorney Forms
Michigan Power of Attorney By Type
There are different types of powers of attorney available in Michigan: financial, medical, and durable. These documents can be either a limited POA or a general POA. The limited form provides specific responsibilities, while the general one is more broad, giving the agent a wide range of authority or power.
Here are the POA types:
- Financial Power of Attorney - It is a document that gives the agent power to make financial transactions which can be as simple as signing checks or withdrawing and depositing money for the principal. The POA can also be presented to file tax returns as well as manage properties and investments.
- Healthcare Power of Attorney - It is a document that gives the agent the authority to make healthcare-related decisions on behalf of the principal. The decisions may refer to the principal’s medications, surgery, and other health-related issues. The principal must sign a durable POA to continue the authority when the patient becomes incompetent.
- Durable Power of Attorney - A document is considered durable when the POA remains in effect even when the principal becomes incapacitated. It is a vital document ensuring that financial and healthcare transactions remain unhindered if the principal has been declared incapable of making sound decisions.
How To Get a Power of Attorney in Michigan
One may get a POA through a Michigan law firm. But for convenience, it’s also possible to download a printable Michigan POA that can then be personalized according to the principal’s needs. In Michigan, the POA must be signed in front of two witnesses or a notary public.
Michigan Power of Attorney Laws
The major law that governs POAs in Michigan is Chapter 700 - Estate and Protected Individuals Code from the 2019 Michigan Compiled Laws, particularly Act 386 of the 1998 Estates and Protected Individuals Code. It has the following provisions:
- § 700.5501 - This section defines a durable POA and states that the document must have the following words to be considered durable: “The power of attorney is not affected by the principal’s subsequent disability or incapacity, or by the lapse of time.”
- § 700.5502 - This section explains that the activities of the agent and attorney-in-fact remain the same before and after the incapacity of the principal unless there is an explicit statement in the document that says otherwise.
- § 700.5503 - This section decides what happens after the durable POA has been executed. The court appoints a conservator, estate guardian, or other fiduciary for the management of the properties. The section states: “By a durable power of attorney, a principal may nominate the conservator, guardian of his or her estate, or guardian of his or her person for consideration by the court if a protective proceeding for the principal’s person or estate is commenced after execution of the power of attorney.”
FAQs About Michigan Power of Attorney Forms
The POA is a helpful document for people who have too much on their plate and those who foresee that they may become incapacitated in the future. It is particularly useful when it comes to healthcare matters.
Here are the most common questions about Michigan POA: