Power of attorney in Michigan: form, signing and powers

Words used in Michigan

In Michigan you name an agent for money and property in a power of attorney, and a patient advocate for medical and mental health decisions in a separate patient advocate designation. Michigan has no statute for living wills; written wishes can be put in the patient advocate designation. If an adult cannot decide and has no documents, the probate court can appoint a guardian (for personal decisions) or a conservator (for money).

An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.

Money and property

Power of attorney; durable power of attorney; statutory form power of attorney

The person you choose

Agent (the act also covers an 'attorney-in-fact')

Health care

Patient advocate designation (often called a health care power of attorney)

Court-appointed decision-maker

Guardian of a legally incapacitated individual (full or limited); conservator for money and property

Law and official form

Law

Uniform Power of Attorney Act (1998 PA 386 sections on durable powers replaced; 2023 PA 187, MCL 556.201 to 556.505)

Uniform Power of Attorney Act

Yes (effective July 1, 2024)

Official form

Michigan Statutory Form Power of Attorney (with optional Agent's Acknowledgment template in MCL 556.402)Published by Michigan Legislature

You do not have to use it.

Optional: a document 'substantially in the following form may be used'. The form has blocks for two witnesses and a notary. It covers money and property only, not health care.

Law: MCL 556.201, 556.505; MCL 2023 PA 187; MCL 556.401, 556.402

Signing rules

How to sign

To be durable (to keep working if you lose capacity), the power of attorney must be either acknowledged before a notary public or signed in front of two witnesses who also sign it. A power of attorney signed without a notary or two witnesses is not durable. Banks and others must generally accept a notarized (acknowledged) power of attorney, but a witnessed-only one does not get that protection.

Who signs

Signed by you, or by another person you direct to sign your name in your conscious presence.

Notary

A notary or witnesses (your choice)

Witnesses

2 (instead of a notary)

Who cannot witness

A witness may not be an agent named in the power of attorney. One of the two witnesses may be the notary who takes your acknowledgment. If someone else signs your name for you, two witnesses are required even if it is also notarized.

Agent's acknowledgment

Before acting under a durable power of attorney, the agent must sign an acknowledgment of the agent's duties containing the statements in the 'Agent's Acknowledgment' template in MCL 556.402. Not signing it does not cancel the agent's authority or reduce the agent's duties.

Law: MCL 556.213

Electronic signing

Under the act, 'sign' includes an electronic symbol or process and a power of attorney can be an electronic record. A temporary law allowed remote witnessing of durable powers of attorney by two-way audiovisual technology only for documents signed from April 30, 2020 to June 30, 2021.

Law: MCL 556.202; MCL 700.1202

Law: MCL 556.204, 556.205, 556.213

Durable and springing

Is it durable?

A power of attorney made on or after July 1, 2024 that is notarized or signed before two witnesses is durable unless it expressly says it ends if you become incapacitated. One that is neither notarized nor witnessed is not durable.

Law: MCL 556.204

Durable unless it says otherwise?

Yes: it continues if you lose capacity unless it says otherwise.

Starting later (springing)

A power of attorney is effective when signed unless it says it starts on a later date or event. You can name a person to decide in writing that the event (such as your incapacity) has happened. If it starts on incapacity and you named no one, a physician or licensed psychologist can find in writing that you are incapacitated.

Law: MCL 556.209

What an agent can and cannot do

Needs express permission

• Create, amend, revoke or end a living (inter vivos) trust
• Make a gift
• Create or change rights of survivorship
• Create or change a beneficiary designation
• Delegate the agent's authority to someone else
• Waive your right to be a beneficiary of a joint and survivor annuity, including a retirement plan survivor benefit
• Exercise fiduciary powers you are allowed to delegate
• Access the content of your electronic communications
• Act on a bank, securities or other financial account in a foreign country

No power of attorney can

The statutory form states that it does not let the agent make health care decisions for you or use your powers as a parent or guardian over a minor child or ward.

Law: MCL 556.401

Agent duties, pay and court review

Agent duties

• Act according to your reasonable expectations they actually know, and otherwise in your best interest
• Act in good faith
• Act only within the authority you gave
• Keep reasonable records of receipts, payments and transactions
• Unless the document says otherwise: act loyally for your benefit, avoid conflicts of interest, act with the care of a prudent person, cooperate with your health care decision-maker, and try to preserve your estate plan
• Show records within 30 days when asked by you, your guardian or conservator, adult protective services, or after your death your personal representative

Agent pay

Unless the document says otherwise, the agent is entitled to repayment of reasonable expenses and to reasonable compensation.

Law: MCL 556.212

Asking a court to review an agent

You, the agent, your guardian or conservator, your health care decision-maker, your presumptive heirs, beneficiaries, your personal representative, adult protective services, a caregiver or other interested person, and a person asked to accept the power of attorney can ask the probate court to interpret it or review the agent's conduct. If you have capacity and ask, the court must dismiss the petition unless your request results from undue influence, fraud or duress. An agent who embezzles or wrongfully takes your property can owe three times its value.

Law: MCL 556.216; MCL 556.217

Law: MCL 556.214

When it ends and how to revoke it

How to revoke a power of attorney in Michigan

Official forms in Michigan

Forms published by the state or its courts. You open them on the official site.

Financial power of attorney

• Michigan Statutory Form Power of Attorney (with optional Agent's Acknowledgment template in MCL 556.402) · Published by Michigan Legislature

Guardianship / conservatorship

• Petition for Appointment of Guardian of Incapacitated Individual (PC 625, rev. 7/24)
• Fee Waiver Request (MC 20, rev. 1/26)

Free help in Michigan

• Michigan Legal Help (statewide legal aid website, Guide to Legal Help)
• Michigan Legal Help: Making a Power of Attorney for Legal and Financial Decisions
• Michigan Legal Help: Health Care Powers of Attorney
• Michigan Legal Help: What Is an Advance Directive?
• Michigan Legal Help: Do-It-Yourself Health Care Power of Attorney
• Find free legal aid at LawHelp.org

Report abuse or exploitation

Michigan Department of Health and Human Services, Adult Protective Services · 855-444-3911

More for Michigan

• Everything about powers of attorney in Michigan
• Health care directive
• Guardianship
• Signing checklist
• Revoke a power of attorney
• What is a power of attorney?
• Durable vs springing power of attorney