Power of Attorney in Michigan

Michigan's Uniform Power of Attorney Act governs powers of attorney created on or after July 1, 2024. The principal must sign (or direct another to sign in the principal's conscious presence). To be durable, the principal must either acknowledge it before a notary or sign it in front of two witnesses who also sign; a named agent may not be a witness. A power of attorney executed this way is durable unless it says it ends on the principal's incapacity. Only a notarized signature is presumed genuine.

Michigan uses a patient advocate designation. An adult of sound mind may name another adult to make care, custody, and medical or mental health treatment decisions when the patient cannot participate in those decisions. It must be in writing, signed, dated, voluntary, and signed by two witnesses who are not the patient's spouse, parent, child, grandchild, sibling, presumptive heir, known beneficiary, physician, or patient advocate, or an employee of the patient's insurer, treating facility, or similar provider. It must be placed in the patient's medical record before it is used.

Michigan has a "Michigan Statutory Form Power of Attorney" for finances and property under the Uniform Power of Attorney Act (MCL 556.401); it does not authorize health care decisions. A power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction). To be durable it must either be acknowledged before a notary public or be signed in the presence of 2 witnesses who also sign; a witness may not be an agent named in the power, and one witness may also be the notary (MCL 556.205). For health care, a patient advocate designation must be in writing, signed, dated, executed voluntarily, and executed in the presence of and signed by 2 witnesses; a witness cannot be the patient's spouse, parent, child, grandchild, sibling, presumptive heir, known devisee, physician or patient advocate, or an employee of the patient's life or health insurer or of a treating health facility, among others (MCL 700.5506).