As you may be aware, a significant change is coming to Michigan’s Power of Attorney (POA) laws. Effective July 1, 2024, Michigan has adopted the Uniform Power of Attorney Act (UPOAA). This increases uniformity, accessibility, and coherence of Powers of Attorney (POA).

As part of the change in the law, the State of Michigan will be implementing a statutory POA form, which will allow the public to have easier access to creating POAs without the use of an attorney. Senior living facilities should make the form available to residents who have the capacity to sign a legal document at the time of admission to empower them to elect a power of attorney to make decisions on their behalf should they become incapacitated.

In addition, all POAs notarized before July 1, 2024 will now be uniformly accepted. Facilities will not be allowed to reject a POA if it is notarized and may be sanctioned for refusing to accept a valid POA. The UPOAA also provides a uniform and coherent set of rules for POAs which will provide a series of default rules that give broad authority to the agent to act while simultaneously protecting the principal. Most notably, valid POAs automatically will be a durable POA, even if it is not stated explicitly in the document.

A link to the new statutory POA form can be found here.

Should you have any questions regarding the changes to the Michigan power of attorney law or have any senior living-related concerns, please do not hesitate to contact a member of our Senior Living Practice Group.

Any information included here or through our website is presented solely for general informational purposes and is not in any way intended as legal advice, is not a substitute for getting actual legal advice from an attorney, and should not be acted upon as legal advice without first seeking qualified professional counsel specific to your needs and situation. Additionally, by providing this general information and the information on our website, no attorney client relationship is created.

Changes to Michigan Power of Attorney Law Set to Go Into Effect

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