Finance, documents and senior couple on sofa with bills, paperwork and insurance checklist in home, life or asset management, Elderly black people on couch with financial, retirement or mortgage debt

As of July 1, 2024, Michigan residents will have a new legal tool at their disposal: the Uniform Power of Attorney Act (UPOAA). This act aims to simplify and standardize the process of creating and using powers of attorney, offering greater clarity and protection for both individuals and those they trust to act on their behalf.

What is a Power of Attorney?

A power of attorney (POA) is a legal document that allows you to appoint someone (your "Agent") to make decisions and take actions on your behalf. This can be helpful in various situations, such as when you're traveling, experiencing illness, or simply want someone to manage specific affairs for you.

What's New With The UPOAA?

Previously, Michigan's power of attorney laws were considered complex and varied. The UPOAA brings several key changes:

  • Standardization: The UPOAA establishes a consistent format and terminology for POAs, making them easier to understand and use across the state.
  • Increased accessibility: The UPOAA eliminates the requirement for two witnesses to be present when signing a POA, as long as it's notarized. This simplifies the process and makes it more accessible for individuals.
  • Enhanced protection: The UPOAA provides greater protection for third parties who rely on a POA in good faith. This means they can't be held liable for acting on a POA they reasonably believed to be valid.
  • Clearer termination: The UPOAA clarifies the circumstances under which a POA can be terminated, including when the principal becomes incapacitated or revokes the document.

What Does This Mean For You?

If you're considering creating a POA, the UPOAA makes the process more straightforward and ensures greater clarity for both you and your agent. It's important to consult with an attorney to ensure your POA is tailored to your specific needs and meets the requirements of the UPOAA.

Additional Resources:

By understanding the UPOAA, you can make informed decisions about your future and ensure your wishes are carried out, even if you're unable to act on your own behalf.

Categories: Power of Attorney