Power of Attorney

Power of Attorney

Martin Foldie Law is here to help you set up your power of attorney, ensuring that your wishes are enacted when you are unable to speak for yourself. This document takes effect immediately upon creation, allowing you a calmer state of mind. In addition, power of attorney also is in effect should the individual become incapacitated.  

Michigan Requirements

Michigan Law requires that any persons involved in this process be 18 years of age or older. The contents of the document can vary drastically depending on the needs of the individual. The document must be signed in the presence of two witnesses and does not need to be filed with the Michigan probate court. 

Termination

Power of attorney is automatically terminated upon the death of the individual. However, there are several reasons why an individual might chose to terminate the document. These include: 
  • The power or attorney is no longer needed because the individual is now able to make their own decisions 
  • An individual does not trust their agent 
  • An individual has found another candidate more suitable for their needs to act as their agent 
  • An individual’s agent may have moved away, died, or have had a falling out 
  • The original intent of the power of attorney has been fulfilled and there is no longer a need for an agent to act on their behalf 

 

The process of terminating a power of attorney in Michigan is actually quite simple. You will need to fill out and submit the official Michigan Revocation of Power of Attorney form. This is a written document detailing: 
  • The printed name and address of the principal that granted the original individual appointed
  • The date the original document was signed 
  • The printed name and address of the agent designated as power of attorney  
  • The date of the Michigan Revocation of Power of Attorney form 
Once this information has been detailed, a notary must sign and seal the document. After this has been completed, all parties must be notified of the termination.

Responsibilities

There are multiple responsibilities that this position entails. While these responsibilities can be varied, the most common responsibility comes in the form of health care. Michigan law permits a power of attorney to make decisions on behalf of a patient if the patient is unable to make those decisions for his or her self, either on a temporary or permanent basis. Two health care providers must confirm that the individual is unable to make their own health decisions before the power of attorney is enacted. 

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