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Michigan power of attorney
As of October 26, 2026, a Michigan power of attorney is durable only if notarized or signed before two witnesses, and the agent signs an acknowledgment of duties before acting.1
Michigan Compiled Laws Section 556.205 requires a power of attorney to be signed by the principal, or by another person the principal directs to sign in the principal’s conscious presence.2
Under Michigan Compiled Laws Section 565.36, a power of attorney to convey land, acknowledged like a deed, may be recorded in the registry of deeds of the county where the land lies.3
Michigan at a glance
- Official state form
- Yes1
A dash or a missing box means the official pages we read do not state that rule; we never fill it in from memory.
Preview of the document
Power of Attorney
State of Michigan
1. Important notice to the principal
This power of attorney is an important legal document. It lets the person you choose (your “agent”) act for you in the money and property matters described below, which can include spending your money and selling or managing your property without asking you first.
2. Principal and agent
I, Principal, of Principal’s address (the “principal”), appoint Agent, of Agent’s address, as my agent (also called my attorney-in-fact) to act for me as stated in this power of attorney.
3. Powers granted
4. Special powers
5. Gifts
6. Benefits to my agent
7. Limits and special instructions
8. When it starts and how long it lasts
9. Revoking this power of attorney
10. Successor agent
11. Expenses and pay
12. Agent’s duties
13. People who rely on this document
14. Governing law
15. Agent’s acceptance
16. Signatures, witnesses and notary
Sections 3–16 unlock after purchase. Prepared with SimplePaperwork, which is not a law firm.
Michigan’s rules, with sources
- State form
- Michigan Compiled Laws Section 556.401 sets out the Michigan Statutory Form Power of Attorney, which may be used in substantially that form.1
- The Michigan statutory form covers property only: it gives no authority over health care decisions or over a parent’s or guardian’s powers regarding a minor child or ward.1
- Michigan Compiled Laws Section 556.402 supplies an optional Agent’s Acknowledgment template listing the agent’s duties, the powers that need specific authority and the agent’s potential liability.1
- Michigan Compiled Laws Section 556.403 adds an optional certification, signed under penalty of perjury by the agent or an attorney, that the power of attorney is still in force.1
- For a vehicle, watercraft, ORV or mobile home, the Michigan Department of State uses its own form, TR-128, to appoint an agent who signs the sale, purchase and title papers.4
- Signing
- Michigan Compiled Laws Section 556.205 requires a power of attorney to be signed by the principal, or by another person the principal directs to sign in the principal’s conscious presence.2
- For a Michigan power of attorney signed by the principal to be durable, the principal either acknowledges it before a notary public or signs it in front of 2 witnesses who also sign, and neither witness may be a named agent.2
- One of the two Michigan witnesses may be the same notary public who takes the principal’s acknowledgment.2
- When someone else signs a Michigan power of attorney for the principal, it is durable only if 2 witnesses are present, even if it is also notarized.2
- A Michigan power of attorney that is witnessed but not notarized loses the presumption that the signature is genuine and does not count as acknowledged for the acceptance rules.2
- Before acting under a durable power of attorney, a Michigan agent must sign an acknowledgment of the agent’s duties, though skipping it does not cancel the agent’s authority.1
- Deadlines
- A Michigan power of attorney signed with the required notarization or witnesses is durable unless it says incapacity ends it, and one signed without them is not durable.1
- If a Michigan power of attorney takes effect on incapacity and names no one to decide, a physician or licensed psychologist, or an attorney, judge or appropriate official, makes that determination in a record.1
- In Michigan, filing an action to dissolve or annul the marriage of agent and principal, or for their legal separation, ends the spouse-agent’s authority unless the power says otherwise.1
- A person asked to accept an acknowledged Michigan power of attorney has 7 business days to accept it or to request the agent’s acknowledgment, a certification, a translation or an opinion of counsel.1
- After receiving the items it asked for, that Michigan third party has 5 business days to accept the power of attorney.1
- Where it is filed
- Under Michigan Compiled Laws Section 565.36, a power of attorney to convey land, acknowledged like a deed, may be recorded in the registry of deeds of the county where the land lies.3
- Once a Michigan power of attorney to convey land is recorded, a revocation takes effect only when it is recorded in the same office.5
- Law
- Michigan’s Uniform Power of Attorney Act, Act 187 of 2023, took effect July 1, 2024, and repealed the earlier rules in sections 700.5501 to 700.5505 of the Estates and Protected Individuals Code.1
- The Michigan act does not govern a patient advocate designation, which is the separate document for medical decisions under Section 700.5506.1
- A Michigan patient advocate designation must be signed in the presence of 2 witnesses who are not the patient’s spouse, parent, child, grandchild, sibling, presumptive heir, physician or patient advocate.6
- Michigan calls a valid durable power of attorney signed after September 29, 2012 and before July 1, 2024 a vintage durable power, which a third party accepting it in good faith may rely on.1
Questions about a Michigan power of attorney
How is a Michigan power of attorney signed?
The principal signs, or another person signs the principal’s name at the principal’s direction and in the principal’s conscious presence. To make the power durable, the principal then either acknowledges it before a notary public or signs before 2 witnesses who sign too; a named agent cannot be a witness, and the notary may serve as one of the two.
The notary route carries extra weight. A notarized signature is presumed genuine, and only an acknowledged power gets the acceptance deadlines that bind banks and other third parties.2
When is a Michigan power of attorney durable?
Only when it was signed with the notarization or the two witnesses that Section 556.205 describes; without either, it ends if the principal becomes incapacitated. A durable one lasts through incapacity unless the document says otherwise.
It takes effect at signing unless it names a later date or event. Filing for divorce, annulment or legal separation between principal and agent ends that agent’s authority unless the power provides otherwise.1,2
Does Michigan have a statutory power of attorney form?
Yes. Section 556.401 contains the Michigan Statutory Form Power of Attorney, where the principal initials each subject of general authority, from real property to taxes, and separately initials riskier powers such as gifts, trusts and beneficiary designations.
The form handles property, not health care or a parent’s powers over a child. Sections 556.402 and 556.403 add two optional templates: the agent’s acknowledgment of duties and a certification that the power is still valid.1
What does a Michigan agent sign before acting?
Under a durable power, the agent signs an acknowledgment of the agent’s duties containing the substance of the template in Section 556.402: act in good faith, stay within the authority granted, keep records and sign as agent.
Leaving it unsigned does not cancel the agent’s authority, but a bank or other third party may insist on seeing it before accepting the power.1
Is a Michigan power of attorney recorded?
A power of attorney used to convey land may be recorded in the registry of deeds of the county where the land is, once acknowledged or proved in the manner the deed chapter prescribes.
After it is recorded, the principal’s revocation has to be recorded in that same office to take effect.3,5
What to have at hand
- Full legal names and addresses of principal and agent
- Which powers the agent gets, and any limits
- When it starts and whether it continues if the principal becomes incapacitated
- A successor agent, if you want one
Health care decisions usually take a separate document (a health care power of attorney or advance directive).
Frequently asked questions
Does a Michigan power of attorney cover medical decisions?
Not under the Uniform Power of Attorney Act. Michigan handles medical decisions through a patient advocate designation under Section 700.5506, which needs 2 witnesses, and close relatives, presumptive heirs, the patient’s physician and the patient advocate cannot be one of them.1,6
How long does a bank have to accept a Michigan power of attorney?
For an acknowledged power, 7 business days to accept it or to ask for the agent’s acknowledgment, a certification, a translation or an opinion of counsel, and then 5 business days after receiving what it asked for. A refusal in violation of the act can lead to a court order and liability for attorney fees.1
Can a power of attorney be used to sign a Michigan car title?
The Michigan Department of State lists form TR-128 as its Appointment of Agent/Power of Attorney for signing title documents for a vehicle, watercraft, ORV or mobile home. A photocopy of the owner’s driver’s license or state ID goes with the completed form to the branch office.4,7
Where this information comes from
Michigan’s rules above come from the state’s own statutes, agency pages and forms, read on the date shown. A rule that passes its review date without a new check is removed automatically.
- Uniform Power of Attorney Act, Act 187 of 2023 (MCL 556.201 to 556.505) Open the official page (opens in a new tab) ↩
- Michigan Compiled Laws Section 556.205, Execution of power of attorney Open the official page (opens in a new tab) ↩
- Michigan Compiled Laws Section 565.36, Power of attorney to convey lands Open the official page (opens in a new tab) ↩
- TR-128 Appointment of Agent (Michigan Department of State, Rev. 2/26) Open the official page (opens in a new tab) ↩
- Michigan Compiled Laws Section 565.37, Recording of revocation Open the official page (opens in a new tab) ↩
- Michigan Compiled Laws Section 700.5506, Designation of patient advocate Open the official page (opens in a new tab) ↩
- Forms and publications (Michigan Department of State) Open the official page (opens in a new tab) ↩
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