Estate planning isn’t just about what happens after you pass away – it’s also about protecting yourself while you’re still alive. A Power of Attorney (POA) is a crucial legal tool that allows someone you trust to make financial or medical decisions on your behalf if you’re ever unable to do so.
Here’s how Powers of Attorney work in Michigan and why everyone – not just seniors – should have one.
What Is a Power of Attorney?
Under Michigan law, a Power of Attorney is a legal document that authorises another person (your “agent” or “attorney-in-fact”) to act on your behalf. It can take effect immediately or only if you become incapacitated, depending on how it’s drafted.
Types of Powers of Attorney in Michigan
1. Durable Power of Attorney (Financial):
Allows your agent to manage your finances – paying bills, handling property, filing taxes, or managing business interests – even if you become incapacitated.
2. Medical Power of Attorney (Patient Advocate Designation):
Lets you choose who will make medical or end-of-life decisions if you cannot communicate your wishes. This is governed by MCL 700.5506-5515.
Why You Need On
Without a valid POA, your family may have to petition the Michigan probate court to be appointed as your guardian or conservator – a costly and time-consuming process.
A Power of Attorney gives your loved ones immediate authority to help you when it matters most, without court involvement.
Common Misconceptions
• A spouse does not automatically have the right to make medical or financial decisions without a POA.
• Online POA forms often fail to meet Michigan’s signature and witnessing requirements.
• Banks and hospitals can reject improperly executed documents.
How to Make It Legal
To be valid in Michigan, a Power of Attorney must be signed, dated, and witnessed by two adults, neither of whom is your agent. Medical POAs have additional requirements under state law.
At Dakroub Law Group, we ensure every document is properly executed and fully compliant with Michigan statutes.
Conclusion
A Power of Attorney is one of the most valuable – and most overlooked – parts of an estate plan. It provides peace of mind knowing that, no matter what happens, someone you trust can act in your best interest.
To create a legally binding Michigan Power of Attorney that fits your needs, contact Dakroub Law Group today.
📞Call (313) 315-6300 or visit www.dakroublaw.com to schedule your consultation.