Michigan Power of Attorney Requirements & Form

Michigan requirements

• Michigan is a Uniform Power of Attorney Act state. The act is cited as the uniform power of attorney act at MCL 556.201 to 556.505 and took effect July 1, 2024.
• To be effective under MCL 556.205(1) the power must be signed by the principal, or by another individual directed by the principal and signing in the principal's conscious presence. Durability then requires an added formality: under MCL 556.205(2) a power the principal signed must either be acknowledged before a notary public (or other individual authorized to take acknowledgments) or be signed before two witnesses who both also sign.
• A witness may not be an agent nominated in the power, and one of the two witnesses may also serve as the notary. If someone else signed for the principal, MCL 556.205(3) requires two witnesses regardless of acknowledgment.
• Durability is presumed only when these formalities are met: MCL 556.204 makes a power executed under section 105(2) or (3) durable unless it expressly says incapacity terminates it, and expressly provides that a power not so executed is not durable.
• Notarizing is the safer route. Under MCL 556.205(5) a witnessed but unacknowledged signature does not get the statutory presumption of genuineness, and recording for real estate use effectively requires acknowledgment.
• Michigan publishes an optional statutory form at MCL 556.401; a general form like ours remains usable when executed as MCL 556.205 requires.

Frequently asked questions

Does Michigan require a power of attorney to be notarized?

Not strictly. MCL 556.205(2) accepts either acknowledgment before a notary public or signing before two witnesses who also sign. Notarization is still preferable, because MCL 556.205(5) withholds the presumption that the signature is genuine from a power that is witnessed but not acknowledged.

Is a Michigan power of attorney durable by default?

Only if it is executed properly. MCL 556.204 gives a limited presumption of durability: a power executed under MCL 556.205(2) or (3) is durable unless it expressly says the principal's incapacity terminates it, while a power not executed that way is not durable at all.

Official sources

• https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-556-205
• https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-556-401
• https://www.legislature.mi.gov/documents/mcl/pdf/mcl-chap556.pdf