What types of power of attorney are available in Michigan?

Michigan recognizes two main types. A financial power of attorney, now governed by the Uniform Power of Attorney Act (MCL 556.201 et seq.), authorizes an agent to handle financial and property matters. A patient advocate designation (MCL 700.5506) authorizes an agent to make medical and mental health decisions. Most estate plans include both.

When does a durable power of attorney take effect in Michigan?

Under the UPOAA, a power of attorney is presumed durable, meaning it remains effective even if the principal later becomes incapacitated. It typically takes effect immediately upon signing unless the document specifies that it springs into effect only upon incapacity. A patient advocate designation, by contrast, only takes effect after two physicians or a physician and a psychologist determine the patient cannot participate in medical decisions.

How do you revoke a power of attorney in Michigan?

A principal who is competent may revoke a power of attorney at any time by signing a written revocation. The revocation should be delivered to the agent and to any institutions that hold a copy of the original document. If the original was recorded with the register of deeds, the revocation should be recorded there as well.

Power of Attorney in Michigan: Types, Requirements & Forms

By Moshe B. Newman, Attorney · Published June 2026

A power of attorney is a legal document that lets one person (the “principal”) authorize another (the “agent”) to act on their behalf. In Michigan, there are two main varieties: a financial power of attorney for property and money matters, and a patient advocate designation for medical decisions. A complete estate plan generally includes both, along with a will or trust.

What a power of attorney does

A power of attorney can be as broad or as narrow as the principal chooses. A financial POA might authorize an agent to pay bills, manage investments, sell real estate, or file tax returns. A medical POA (called a patient advocate designation in Michigan) might authorize an agent to consent to or refuse treatment, choose health-care providers, and access medical records.

The common thread is that every power of attorney is voluntary: the principal decides what powers to grant, to whom, and under what conditions. If the principal later changes their mind, the document can be revoked at any time while the principal remains competent.

Durable vs. non-durable: Michigan’s new presumption

Michigan’s Uniform Power of Attorney Act (UPOAA), 2023 PA 187, took effect on July 1, 2024, and replaced the older provisions in EPIC (MCL 700.5501–5505). The new law is codified at MCL 556.201 et seq.

One of the most significant changes is the durability presumption. Under the old law, a power of attorney was durable only if it contained specific language saying so. Under the UPOAA, a properly executed power of attorney is presumed durable—meaning it remains effective even after the principal becomes incapacitated—unless the document expressly states otherwise.

This matters because incapacity is often the very situation in which a POA is needed most. A non-durable power of attorney terminates if the principal loses capacity, potentially forcing the family into a court guardianship or conservatorship.

The patient advocate designation (Michigan’s medical POA)

Michigan does not use the term “medical power of attorney.” Instead, the law provides for a patient advocate designation under MCL 700.5506–5515. This document names an agent (the “patient advocate”) to make care, custody, and medical or mental-health treatment decisions when the patient is unable to participate in those decisions.

A patient advocate designation takes effect only after two physicians—or one physician and one licensed psychologist—determine that the patient can no longer participate in medical decisions. Until that determination is made, the patient retains full authority over their own care.

The designation may also include a HIPAA authorization, allowing the advocate to access protected health information, and may address end-of-life preferences such as life-sustaining treatment and anatomical gifts.

How to create a valid power of attorney in Michigan

The execution requirements depend on the type of document:

Financial POA (UPOAA): The principal must be 18 or older and of sound mind. The document must be signed before a notary public or in the presence of two witnesses, neither of whom may be the named agent. Before exercising authority, the agent must sign a written acknowledgment of duties (MCL 556.302). If the POA will be used for real-estate transactions, notarization is strongly recommended because county registers of deeds typically require it for recording.
Patient advocate designation: The principal must be 18 or older and of sound mind. The document must be witnessed by two adults who are disinterested—they cannot be the patient advocate, a health-care provider, an employee of a health-care facility, the principal’s spouse, parent, child, grandchild, sibling, or presumptive heir. The patient advocate must also accept the designation in writing before they can act.

Another important feature of the UPOAA is the third-party acceptance requirement. Financial institutions that receive a properly executed and acknowledged POA must accept it within seven business days (MCL 556.219). This provision addresses a longstanding frustration: banks and other institutions refusing to honor valid powers of attorney.

Common mistakes with powers of attorney

Even a well-drafted POA can fail if certain practical steps are overlooked:

Never signing one at all. Many people assume their spouse or adult child can automatically step in to manage finances or make medical decisions. Without a POA, that is not the case.
Using a form that predates the UPOAA. Powers of attorney signed before July 1, 2024 remain valid if they complied with the law at the time, but they may lack provisions—such as the agent’s acknowledgment of duties—that make the new form more protective.
Choosing the wrong agent. The agent should be someone trustworthy, organized, and available. Naming co-agents can create logistical problems if both signatures are required for every transaction.
Forgetting to coordinate with the overall plan. A power of attorney works alongside a will or trust, beneficiary designations, and deeds. If these documents conflict, the result can be confusion and delay.

When a power of attorney is not enough

A power of attorney is a voluntary delegation—the principal must have capacity at the time of signing. If an individual has already lost the ability to understand and sign legal documents, a POA is no longer an option. In that situation, Michigan law provides for court-appointed guardianship (for personal and medical decisions) and conservatorship (for financial matters) under MCL 700.5301 et seq.

Guardianship and conservatorship proceedings are more time-consuming and expensive than signing a POA, and they result in ongoing court supervision. This is one of the strongest reasons to put powers of attorney in place before they are needed, as part of a broader estate-planning engagement.

How we help

At The Legacy Law Firm, powers of attorney are part of every estate plan we prepare. We draft the financial POA, the patient advocate designation, and the HIPAA authorization as an integrated set—coordinated with the client’s trust, will, and beneficiary designations so that every document works together. If you already have older documents and are unsure whether they need updating under the UPOAA, a short conversation is usually enough to find out.

This article is general information about Michigan law, not legal advice, and does not create an attorney-client relationship. Laws and dollar thresholds change; figures current as of 2026. For advice on your specific situation, schedule a consultation.

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