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Content Overview

Form Breakdown

Fact Name Details
Definition A Michigan Durable Power of Attorney allows you to appoint someone to manage your financial affairs if you become incapacitated.
Governing Law The form is governed by the Michigan Compiled Laws, specifically Act 386 of 1978.
Durability This power of attorney remains in effect even if you become mentally incompetent.
Agent Authority Your appointed agent can handle a variety of financial matters, including banking, real estate, and tax decisions.
Revocation You can revoke the Durable Power of Attorney at any time, as long as you are mentally competent.
Signature Requirement The form must be signed by you and witnessed by at least one individual or notarized.
Age Requirement You must be at least 18 years old to create a Durable Power of Attorney in Michigan.
Limitations Some powers, like making healthcare decisions, should be handled with a separate document called a Durable Power of Attorney for Healthcare.
Accessibility The form is available online and can be filled out electronically or printed for manual completion.

Sample - Michigan Durable Power of Attorney Form

Michigan Durable Power of Attorney

This Durable Power of Attorney is executed in accordance with the laws of the State of Michigan.

I, [Your Name], residing at [Your Address], appoint the following individual as my Attorney-in-Fact:

[Agent's Name]

Address: [Agent's Address]

This Durable Power of Attorney shall become effective immediately and shall remain in effect in the event of my subsequent incapacity.

The powers granted to my Attorney-in-Fact shall include, but not be limited to, the following:

  • Managing my financial affairs.
  • Handling banking transactions.
  • Paying bills and filing taxes.
  • Making decisions regarding real estate transactions.
  • Accessing my safe deposit box.
  • Executing contracts on my behalf.

My Attorney-in-Fact shall have the authority to:

  1. Make decisions regarding my health care and medical treatment as permitted by law.
  2. Make gifts on my behalf as permitted by law.
  3. Hire professionals to assist in carrying out these duties.

This Durable Power of Attorney may be revoked by me at any time by providing written notice to my Attorney-in-Fact.

Signed this [Date].

_____________________________

[Your Signature]

[Name Printed]

Witnessed by:

_____________________________

[Witness Name]

_____________________________

[Witness Signature]

Common mistakes

Filling out a Durable Power of Attorney (DPOA) form in Michigan can be a straightforward process, but many individuals make critical mistakes that can lead to complications later. One common error is failing to clearly identify the principal. The principal is the person granting authority. If their name is misspelled or incomplete, it can create confusion about who is granting power.

Another frequent mistake involves not specifying the powers granted. The form allows for broad or limited authority. If the powers are not clearly defined, the agent may not be able to act effectively on behalf of the principal. It is essential to outline specific powers to avoid ambiguity.

Many people also overlook the importance of signing the document in front of a notary. In Michigan, a Durable Power of Attorney must be notarized to be valid. Without this step, the form may be deemed unenforceable, leaving the principal's wishes unfulfilled.

Additionally, failing to choose an appropriate agent can lead to problems. The agent should be someone trustworthy and capable of handling the principal's affairs. Selecting an unqualified individual can result in mismanagement of the principal's assets or health decisions.

Another mistake is not discussing the DPOA with the chosen agent. It is crucial for the agent to understand their responsibilities and the principal’s wishes. Without this conversation, the agent may act in ways that do not align with the principal’s intentions.

Lastly, neglecting to review and update the DPOA regularly can lead to outdated information. Life circumstances change, and so do relationships. Regularly reviewing the document ensures that it reflects current wishes and that the designated agent is still the best choice.

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Witness for Power of Attorney - This form can specifically address healthcare decisions, allowing you to appoint a healthcare agent.