Michigan Power of Attorney Requirements
Michigan’s Uniform Power of Attorney Act (MCL 556.201 et seq.) took effect July 1, 2024. It sets how a Power of Attorney is signed, what makes it durable, and what an agent must do. Here are the essentials in plain English, each linked to the official Michigan Legislature source.
Based on Michigan Uniform Power of Attorney Act, MCL 556.201 et seq.. Reviewed October 2026. Education, not legal advice — Michigan’s requirements are set by state law and can change, so confirm them with an official Michigan source or a licensed attorney.
Preparing to serve—or already serving—in Michigan?
The National Handbook explains the responsibilities. The National Workbook helps you organize the work. Use the Michigan information below to explore requirements, official sources, and available resources.
Requirements depend on your documents and applicable law. Confirm current information with official sources or a qualified professional in your state.
Where is Michigan’s Power of Attorney law?
Michigan’s financial Power of Attorney law is the Uniform Power of Attorney Act (2023 PA 187), MCL 556.201 et seq., effective July 1, 2024. It includes an optional statutory form (MCL 556.401). A Power of Attorney signed before July 1, 2024 that met Michigan law at the time it was signed remains valid (MCL 556.206).
How does a Michigan Power of Attorney have to be signed?
Under MCL 556.205, a Power of Attorney must be signed by the principal (or by another person the principal directs, in the principal’s conscious presence). To be durable, a Power of Attorney the principal signs must either be acknowledged before a notary public or be signed in the presence of two witnesses who also sign. A person named as agent may not be a witness.
Is a Michigan Power of Attorney durable?
Only if it is signed the right way. Under MCL 556.204, a Power of Attorney created on or after July 1, 2024 that is not notarized or witnessed as MCL 556.205 requires is not durable, which means it ends if the principal becomes incapacitated. A properly notarized or witnessed Power of Attorney is durable unless it expressly says incapacity ends it.
Does a Michigan agent have to sign anything before acting?
Yes. Under MCL 556.213, before acting under a durable Power of Attorney, the agent must sign an acknowledgment of the agent’s duties. A template is in MCL 556.402. Not signing it does not void the agent’s authority, but a bank or other third party may ask for it.
What does a Michigan agent have to do?
Under MCL 556.214, an agent must act according to the principal’s reasonable expectations (or best interest), in good faith, and only within the authority granted, and must keep reasonable records of receipts, disbursements and transactions. The principal, a guardian, a conservator, adult protective services and certain others can request disclosure of those records.
What happens to a spouse-agent’s authority in a divorce?
Under MCL 556.210, unless the Power of Attorney says otherwise, a spouse-agent’s authority ends when an action is filed to dissolve or annul the marriage or for legal separation.
What is a patient advocate designation?
A financial Power of Attorney does not cover healthcare decisions. In Michigan, healthcare decisions are covered by a patient advocate designation under MCL 700.5506 et seq. It must be signed in the presence of two witnesses, and the statute lists who cannot be a witness, including the patient’s spouse, parent, child, grandchild, sibling, presumptive heir, physician, and the patient advocate. The patient advocate must sign an acceptance before acting (MCL 700.5507).
This summary is educational and may not reflect the most current law — verify against the current statutes or with a Michigan attorney before relying on it.
The universal rules of the role
The exact forms, witnessing, and notarization rules change from state to state — those are in Michigan’s essentials above.But the heart of the role is the same everywhere in the U.S. Here’s what always applies.
Your duties as an agent
Every decision is for the principal, never for you. This is the core legal duty of an agent, everywhere.
Never mix the principal’s funds with your own. Use their accounts for their expenses, and don’t borrow or lend to yourself.
Track every transaction, receipt, and major decision. Good records protect the principal — and protect you if anyone ever asks.
You can only do what the Power of Attorney actually authorizes. If it isn’t granted in the document, you don’t have the authority.
Follow what they’d want, preserve their existing estate plan where you can, and avoid anything that benefits you at their expense.
What a Power of Attorney can’t do
A Power of Attorney works only while the principal is alive. The moment they pass, it ends and the will and executor (or trustee) take over.
An agent cannot make or rewrite the principal’s will, and generally can’t change beneficiary designations unless the document specifically allows it.
Powers not written into the document — like making gifts or changing accounts — usually aren’t allowed. When in doubt, it’s probably not authorized.
When you sign correctly as the agent (not personally), you’re acting for them — you don’t take on their debts by serving.
How to sign as an agent
Always sign in your representative capacity — never just your own name on the principal’s business. A safe format anywhere is “Jane Doe, as agent for John Doe” (some institutions prefer “John Doe by Jane Doe, agent”). Signing your name alone can make you personally liable; signing as the agent makes clear you’re acting for them.
When the authority ends
- The principal revokes it — they can, at any time, as long as they’re competent.
- The principal dies — authority passes to the will or trust.
- A court appoints a guardian or conservator, or the document’s own end date or condition is reached.
One key distinction, everywhere: a durable Power of Attorney keeps working if the principal becomes incapacitated; a non-durable one ends at incapacity. Whether yours is durable is stated in the document itself.
Where to get the official forms
The official Michigan Power of Attorney and health care directive forms are free from the state and its official resources. Here’s where to find them — we link them as a resource so you can go straight to the source. What we provide is the plain-language help to understand and actually use them, not the forms themselves.
- Michigan Statutory Form Power of Attorney (MCL 556.401)Official source: Michigan LegislatureStatutory form under Michigan’s Uniform Power of Attorney Act (MCL 556.401). It does not cover health-care decisions.Open on legislature.mi.gov →
- MCL 700.5506 — Designation of patient advocateOfficial source: Michigan LegislatureMichigan calls the health-care agent a "patient advocate" (MCL 700.5506). The section sets witness rules and when the authority applies.Open on legislature.mi.gov →
POA Caregiver™ is not a law firm and does not provide legal, medical, tax, or financial advice. These links are an educational resource pointing you to official sources; we are not affiliated with or endorsed by any government office. Power of Attorney and health care directive requirements vary by state and change over time. Before you sign or rely on any form, confirm it is the current, correct form for your situation with the official Michigan source above or a licensed Michigan attorney. If a link doesn’t open, search for the form by name on the official state website.
MI-POST: a different kind of document
MI-POST
Michigan Physician Orders for Scope of Treatment (MI-POST) — MDHHSSource: Michigan Department of Health and Human Services (EMS)A POLST-type form is different from a general advance directive. It is generally intended for people with serious illness, advanced medical conditions or significant frailty, when current treatment wishes need to be written as medical orders — completed with a clinician. It is not a document every adult needs.Open on michigan.gov →
Learn the whole role
The POA Caregiver Program is national and works in every state — education for the whole role, from the day you’re named agent to confident, organized caregiving, with a Certificate of Completion when you finish.
Get Updates for Michigan
Where to go for official help
A simple starting list of the government offices an agent under a Power of Attorney (or their caregiver) in Michigan may need. Click a website to open the office’s official page in a new tab.
- MDHHS Adult Protective ServicesReport suspected abuse, neglect or exploitation of a vulnerable adult, 24/7.www.michigan.gov/mdhhs/adult-child-serv/abuse-neglect/adult-protective-services → · 855-444-3911
- Michigan Department of Attorney General: Elder AbuseRecognizing and reporting elder abuse, including financial exploitation.www.michigan.gov/ag/initiatives/elder-abuse →
- Michigan Department of Attorney General: Consumer ProtectionReport scams and file consumer complaints.www.michigan.gov/ag/consumer-protection → · 877-765-8388
- MDHHS Aging, Community Living, and SupportsMichigan’s State Unit on Aging; points you to your local Area Agency on Aging.www.michigan.gov/mdhhs/adult-child-serv/adults-and-seniors/acls → · 517-241-4100
- Michigan Legal HelpStatewide legal self-help, including free do-it-yourself tools for a financial Power of Attorney and a patient advocate designation.michiganlegalhelp.org/resources/wills-and-life-planning/making-power-of-attorney-legal-and-financial-decisions →
- Michigan 211Free, confidential 24/7 referrals to local help.mi211.org → · 2-1-1
- Eldercare Locator (federal)Free help finding local aging services, Area Agencies on Aging, and adult protective services anywhere in the U.S.eldercare.acl.gov → · 1-800-677-1116
- Social Security Administration (federal)Benefits, the representative payee program, retirement and disability.www.ssa.gov →
- Medicare (federal)Federal health coverage for people 65+ and some disabilities.www.medicare.gov →
- CFPB — Managing Someone Else’s MoneyPlain-language federal guides for agents under a Power of Attorney.www.consumerfinance.gov/consumer-tools/managing-someone-elses-money →
POA Caregiver™ is not affiliated with, endorsed by, or partnered with any of these offices. This list is a resource to help guide you to the right official source — nothing more. Government offices, links, and phone numbers change over time, so if a link doesn’t open, search for the office by name to find its current official page.
Some of the best help is free and official. We point you to these authoritative sources — and give you the journey, organization, and plain-language navigation on top of them. See the full national resource library →
POA Caregiver™ is not a law firm and does not provide legal, medical, tax, or financial advice, and is not affiliated with or endorsed by these organizations. They are shared as free educational resources — always confirm details with the official source or a licensed professional in your state.
Guides for every agent, in any state
Plain-English help that applies wherever you live — start with The Power of Attorney Agent’s Guide, or jump in:
What may help next
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POA Caregiver provides education, not legal, medical, financial or tax advice. Authority comes from the Power of Attorney document and applicable law, and serving as an agent is a different role from caregiving.
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