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Michigan Durable (Financial) Power of Attorney Form

A Michigan durable power of attorney is a form that allows a person ("principal") to select someone else ("agent") to handle some or all facets of their finances. This is common for anyone who is seeking to have someone else take care of their business and financial decisions if they should become incapacitated.
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Signing Requirements

Two witnesses or a notary public. The agent is required to sign the last page of the power of attorney titled the Acknowledgment of Responsibilities by Attorney-in-Fact (§ 700-5501(2), (§ 700-5501(4))

Definition of “Durable”

A durable power of attorney is a power of attorney by which a principal designates another as the principal’s attorney-in-fact in a writing that contains the words “This power of attorney is not affected by the principal’s subsequent disability or incapacity, or by the lapse of time”, or “This power of attorney is effective upon the disability or incapacity of the principal”, or similar words showing the principal’s intent that the authority conferred is exercisable notwithstanding the principal’s subsequent disability or incapacity and, unless the power states a termination time, notwithstanding the lapse of time since the execution of the instrument (§700.5501(1))

Definition of “Power of Attorney”

The Michigan Compiled Laws do not define “power of attorney” but do provide a nonexclusive list of its powers at §700.5501(3).

Statutory Form

The Michigan Compiled Laws do not include a sample statutory form for a durable power of attorney.