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Michigan Springing Power of Attorney Form

Updated May 21, 2024

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A Michigan springing power of attorney is a document that legally authorizes an individual (an agent) to make decisions about property, finances, or healthcare for another person (the principal) in the event that the principal is incapacitated or otherwise unable to manage their own affairs.

Permitted in Michigan?

Yes, the principal may specify that the power of attorney becomes effective at a future date or on the occurrence of a future event like their incapacity.[1]

Signing Requirements

A power of attorney must be signed by the principal or by another individual at the express direction of the principal. The signature must be acknowledged by a notary public or other person authorized by law to take acknowledgments; -OR- signed in the presence of two witnesses, both of whom also sign the power.

Neither witness may be an agent nominated in the power, but one witness may also be the notary.[2]

“Incapacity” Definition

“Incapacity” means inability of an individual to manage property or business affairs for either of the following reasons:

(i) The individual has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance.
(ii) The individual is any of the following:
    (A) Missing.
    (B) Detained, including incarcerated in a penal system.
    (C) Outside the United States and unable to return.[3]

Sources

  1. MCL §556.209(1)
  2. MCL §556.205
  3. MCL §556.202(i)