Durable Power of Attorney

 

What is a Durable Power of Attorney?

 

Pursuant to MCL 700.5501, a durable power of attorney is a document in which the client, or “principal”, appoints an agent, or “attorney in fact” to act for them.  This empowers the agent to perform almost an act that the principal can perform such as opening and closing bank accounts, drafting checks, signing contracts and executing deeds.  An attorney-in-fact cannot execute a will or make medical decisions for the principal, although medical decisions can be made by way of a Patient Advocate Designation.

 

A Durable Power of Attorney, if drafted properly, can give anyone the flexibility to deal with the uncertainties of life by ensuring the continuity of their affairs in the event of their incapacitation.  The principal reserves the right to revoke the durable power of attorney at any time that they are of sufficient capacity to do so.

 

What do I need for a Valid Durable Power of Attorney?

 

A person must be at least 18 years old to execute a durable power of attorney.  The document must either be signed in the presence of two witnesses (neither being the attorney-in-fact and both must sign the document) or it must be acknowledged in the presence of a notary public who endorses the document, or both.

 

Before executing authority under a power of attorney, the attorney-in-fact must also execute an acknowledgment of the attorney-in-fact’s responsibilities in writing.

 

Do I need a Durable Power of Attorney?

 

It is a good idea for everyone to have a Durable Power of Attorney to make sure that your wishes and desires are continued during a disability or other emergency.  Quite often, a durable power of attorney will prevent needing the probate court to appoint a conservator to manage your affairs.

 

Consulting with an attorney is always a good idea before executing such a document to ensure that all of your wishes and desires are communicated clearly.