Michigan General Durable Power of Attorney Law

Power of Attorney and Health Care – General – Michigan

A durable power of attorney is a power of attorney by which a principal designates another as the principal’s attorney in fact in writing.  The writing must contain 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.

Acts done by an attorney in fact under a durable power of attorney during a period of disability or incapacity of the principal has the same effect and inures to the benefit of and binds the principal and the principal’s successors in interest as if the principal were competent and not disabled. Unless the instrument states a termination time, the power is exercisable notwithstanding the lapse of time since the execution of the instrument.

If a court of the principal’s domicile appoints a conservator, estate guardian, or other fiduciary charged with the management of all of the principal’s property or all of his or her property except specified exclusions, the attorney in fact is accountable to the fiduciary as well as to the principal. The fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if he or she were not disabled or incapacitated.

A principal may nominate the conservator, guardian of his or her estate, or guardian of his or her person for consideration by the court if a protective proceeding for the principal’s person or estate is commenced after execution of the power of attorney. The court shall make its appointment in accordance with the principal’s most recent nomination in a durable power of attorney except for good cause or disqualification.

The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person who, without actual knowledge of the principal’s death, acts in good faith under the power.

The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the attorney in fact or other person who, without actual knowledge of the principal’s disability or incapacity, acts in good faith under the power.

If an attorney in fact acts in good faith reliance on a power of attorney, durable or otherwise, and executes a sworn statement stating that, at the time of the action, the attorney in fact did not have actual knowledge of the principal’s death, disability, or incapacity or of the power’s termination by revocation, the sworn statement is, in the absence of fraud, conclusive proof of the power’s non-termination or non-revocation.

If the exercise of the power of attorney requires execution and delivery of an instrument that is recordable, the sworn statement when authenticated for record is also recordable.

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Inside Michigan General Durable Power of Attorney Law