Free Michigan Durable Power of Attorney Forms
When a person becomes incapacitated, a power of attorney (POA) loses its power. However, with a Michigan durable POA, the permission granted to an agent remains in effect. This means that the agent can continue making decisions for the principal so that financial, personal, and/or medical transactions will not be disrupted.
Michigan Durable Power of Attorney Laws
The Michigan Compiled Laws Chapter 700, or the Estates and Protected Individuals Code contains relevant guidelines regarding the execution of durable POAs. Here are some of its major provisions:
- § 700.5501 - This section describes the durable POA, which must have the statements: “This power of attorney is not affected by the principal’s subsequent disability or incapacity, or by the lapse of time.” Another variation reads: “This power of attorney is effective upon the disability or incapacity of the principal.”
- § 700.5502 - The section explains that the acts done by the agent under the durable POA have the same impact whether they were done before or after the principal becomes incompetent.
Signing Requirements in Michigan
A durable POA in Michigan must be signed by the principal and agent, who must both be of sound mind. The signing must be done in front of two witnesses. Witnesses cannot be the agent or the notary public.
How To Write a Durable POA in Michigan
The advantage of writing your own durable POA is you can personally ensure that it contains all the terms and conditions you want it to have. Here are the steps to writing the legal document:
1. Choose a Person You Can Trust
When choosing an agent, trust is of utmost importance. The agent will be responsible for making major decisions on your behalf that affect finances, properties, investments, and healthcare. The agent must have your best interests at heart especially when you become incapacitated.
It is also advisable to have a successor agent or two in case the primary agent is unable or unwilling to make certain decisions.
When you have decided on an agent and successor agents, talk to them and explain what you need. They must understand the weight of their responsibilities and be willing to honor your wishes if or when the time comes.
2. Prepare the Durable Power of Attorney in Michigan
Download your online printable template in order to start your durable POA. Make sure that the document is in compliance with Michigan standards.
Once you have the form, personalize it by listing the responsibilities you want the agent to have. Depending on your needs, it can be specific and limited or broad and generic.
The responsibilities granted by the POA can be as simple as having your agent sign checks for you or as complex as managing properties and incentives. It can also entail managing your healthcare which includes choosing where you live — be it at home with a nurse or at an assisted-living facility. They can also make end-of-life arrangements for you.
3. Sign the Document
The agent and principal will sign the durable POA to formalize the document. The agent’s signature on the legal form indicates their acceptance of their role. In addition, the document must be signed in the presence of two witnesses who can attest that the principal and agent are of sound mind.
4. The Durable POA in Michigan Is Now Usable
After signing, the POA becomes a legally binding document. The agent must present the form whenever they perform any task that’s related to their role as an agent.
When signing documents for the principal, they must preface their name and signature with the words “acting as attorney-in-fact” to indicate that they are a legitimate representative of the principal.
Note that a durable POA remains in effect even if the principal is declared mentally incompetent. A durable POA loses its validity only after the principal’s death or until the document is revoked.