Power of attorney in Michigan: the rules, signing and who to name
The short answer
Since July 1, 2024, a Michigan financial power of attorney is durable by default, but only if you sign it before a notary or two witnesses. Without either, it stops working if you lose capacity. Banks must accept a notarized one, or ask for more paperwork, within seven business days.
A financial power of attorney lets someone you trust pay your bills, talk to the bank and look after your money if you can't. Michigan rewrote its rules in 2024, so a lot of what you read online is now out of date.
This page explains the current rules in plain words. It is one of our state-by-state estate planning guides. If the idea is new to you, start with what a power of attorney does, then come back here.
What changed in Michigan in 2024?
Michigan adopted the Uniform Power of Attorney Act, which took effect on July 1, 2024 (MCL 556.201). It replaced the older rules many websites still describe.
The new law does three things most people care about. It makes a properly signed document durable by default. It pushes banks to accept a notarized document quickly. And it lists the powers your agent only has if you spell them out.
Is a Michigan power of attorney durable?
Yes, by default, with one important condition. A power of attorney signed on or after July 1, 2024 is durable unless it says it ends when you lose capacity (MCL 556.204).
The condition is how you sign it. To be durable, the document must be either:
- Acknowledged before a notary, or
- Signed in front of two witnesses who also sign.
A document signed with neither is still valid while you are well. But it stops working if you lose capacity, which is the very moment your family needs it. Our post on durable power of attorney explains why that matters everywhere.
How do I sign one in Michigan?
The signing rules sit in MCL 556.205. Here is what to know:
- You sign the document.
- Either a notary acknowledges your signature, or two witnesses watch you sign and sign too.
- Neither witness can be someone you named as your agent. One of the two witnesses may be the notary.
- If someone signs for you because you physically can't, two witnesses are required for durability, even if it is also notarized.
Our advice is simple: use a notary. Only a notarized document gets the presumption that your signature is genuine, and only a notarized document gets the bank acceptance rules below. Two witnesses without a notary make it durable, but they don't give your agent that extra help at the bank.
Michigan's health care document is signed differently. It needs two witnesses and no notary, with a long list of people who can't witness. Our Michigan medical power of attorney guide covers that one.
Is there a Michigan form?
Yes. Michigan has a statutory form in MCL 556.401. You don't have to use it, but banks will recognize it.
Before your agent first acts under a durable power of attorney, they must sign an "Agent's Acknowledgment" of their duties (MCL 556.213). Forgetting it doesn't cancel their authority, but it is easy to do at signing time, so do it then.
Will my bank have to accept it?
If it is notarized, mostly yes. Michigan gives a bank or other company seven business days after your agent presents it to either accept it or ask for more (MCL 556.220).
They may ask for the agent's acknowledgment, a certification, a translation or a lawyer's opinion. Once they get what they asked for, they have five business days to accept it. A company that wrongly refuses can be ordered by a court to accept it and to pay attorney fees.
There are exceptions. A company can refuse if it believes in good faith the document isn't valid, or if it has reported suspected abuse to adult protective services, among other listed reasons (MCL 556.220).
A few small steps still help:
- Give your bank and investment firm a copy while you are well.
- Ask whether they want anything else on file.
- Keep the original where your agent can find it, with a note saying where.
Moving to Michigan? A power of attorney validly signed in another state, or a military power of attorney, is valid in Michigan (MCL 556.206).
What powers need to be spelled out?
Your agent is a fiduciary: legally required to act in your interest and follow what you wrote. A broad grant covers everyday matters, such as paying the electric bill, depositing a pension and handling taxes.
Some powers only exist if your document grants them expressly (MCL 556.301):
| Power | Included in a general grant? | What Michigan requires |
|---|---|---|
| Creating, changing or revoking a living trust | No | An express grant in the document |
| Making gifts | No | An express grant |
| Changing a beneficiary designation | No | An express grant |
| Creating or changing joint ownership with survivorship | No | An express grant |
| Reading the content of your emails and messages | No | An express grant |
| Handing your authority to someone else | No | An express grant |
There is a safeguard too. An agent who isn't family can't use these powers to benefit themselves unless your document says they may.
If you have a living trust, the first row matters. Your agent may need to move an account into it while you are in the hospital. Our post on what a living trust is explains how the two work together.
Who should I name as my agent?
Michigan's law leaves the choice to you. The practical questions matter most. Is this person good with money and paperwork? Do they live close enough to get to the bank, or to the house if a pipe bursts?
A short checklist:
- Trust: would you hand them your checkbook today?
- Distance: can they reach your home, your bank and your mail?
- Time: do they have room for this, maybe for years?
- Backup: who steps in if your first choice can't? Our post on having a backup in every role explains why this matters.
Many people choose a sister, a niece or a longtime friend. Our post on naming a friend as power of attorney covers what to talk through first.
Here is a typical case, a composite. Diane is 70 and lives in Traverse City. Her daughter is in Arizona. Diane names her friend Pat, who already waters her plants when she travels, as her agent, with her daughter as backup. They sign before a notary at Diane's credit union.
Some people would like a professional standing by, first or behind a friend. A Kinly membership includes a financial power of attorney written for your state, and Trella Trust Company can be named as your agent or as the backup. You set the order.
Signing checklist
| Step | Done? |
|---|---|
| Document signed on or after July 1, 2024, under the new law | |
| Notarized (recommended), or signed before two witnesses | |
| No named agent served as a witness | |
| Specific powers you want (trust, gifts, beneficiaries) granted expressly | |
| Backup agent named | |
| Agent has signed the Agent's Acknowledgment | |
| Copies given to your bank and investment firm |
If you lose capacity without a power of attorney, your family may need to ask a court for help, and a judge decides who serves. Our post on conservatorship vs power of attorney explains the difference. For what happens after death, see our Michigan probate and small estates guide.
Common questions
Does a Michigan power of attorney need to be notarized?
Not strictly. For it to be durable, it must be notarized or signed before two witnesses. Notarizing is the better choice, because only a notarized document gets the bank acceptance rules and the presumption that your signature is genuine.
Is my old Michigan power of attorney still valid?
The new law took effect July 1, 2024. The durable-by-default rule described here applies to documents created on or after that date. If yours is older, it is worth having it reviewed against the current rules.
How long does a Michigan bank have to accept my power of attorney?
Seven business days after your agent presents a notarized document, the bank must accept it or ask for more paperwork. After it receives what it asked for, it has five business days to accept, unless an exception applies.
Can my agent change my living trust in Michigan?
Only if your power of attorney expressly grants that power, or your trust allows it. A general grant of financial powers is not enough.
Is a power of attorney from another state valid in Michigan?
Yes. Michigan treats a power of attorney validly signed in another state as valid. Military powers of attorney are valid too.
Sources
- MCL 556.201: Uniform Power of Attorney Act, short title (Michigan Legislature)
- MCL 556.204: Power of attorney durable (Michigan Legislature)
- MCL 556.205: Execution (Michigan Legislature)
- MCL 556.206: Validity (Michigan Legislature)
- MCL 556.213: Agent's acknowledgment (Michigan Legislature)
- MCL 556.220: Acceptance, refusal exceptions and liability (Michigan Legislature)
- MCL 556.301: Authority requiring specific grant (Michigan Legislature)
- MCL 556.401: Statutory form (Michigan Legislature)
This page is general information, not legal or financial advice. Laws vary by state.