Powers of Attorney
Do you know who will make legal, financial, and medical decisions on your behalf if you become unable to make them yourself? You will when you draft and enact a power of attorney as part of your overall estate plan. A power of attorney delegates authority to a trusted loved one or advisor, allowing them to act in your stead in specific, designated areas. Without a power of attorney in place, your loved ones may need to seek a guardianship or conservatorship, wasting precious time and causing them unnecessary grief.
Head Murphy Law can provide you with the peace of mind that comes from knowing your interests are protected. Our estate planning lawyers are standing by to answer your questions and provide the legal guidance you need. Contact us today for a confidential consultation with a powers of attorney attorney serving Michigan clients, and let’s discuss your future together. A properly drafted power of attorney is a critical part of a comprehensive estate planning strategy.
A power of attorney allows a person called the “principal” to empower another party, called the “agent” or “attorney-in-fact,” to make certain decisions or take certain actions on the principal’s behalf. The power of attorney document can determine the effective period of the agent’s authority and the scope of their authority to act on behalf of the principal. An agent may have various fiduciary duties to the principal, including the duty of loyalty to act in the principal’s best interests and the duty of care to act prudently and maintain accurate records of actions taken on the principal’s behalf.
People incorporate powers of attorney into their estate plan to address various concerns or contingencies, such as:
Without a power of attorney in place, family members would have to obtain a guardianship or conservatorship to secure authority to act on behalf of an incapacitated loved one. Thus, including a power of attorney in one’s estate plan can prevent delays in managing one’s affairs and eliminate expenses associated with a guardianship or conservatorship action. Without proper planning, families may later need to navigate the probate process with the help of a probate lawyer.
A power of attorney typically becomes effective once signed by the principal and remains in effect until terminated by the principal or upon the principal’s incapacity or death. However, specific types of powers of attorney can change the effective period of a power of attorney. For example, a durable power of attorney can continue the agent’s authority after the principal becomes incapacitated. A principal may also create a springing power of attorney that becomes effective only on a specific date or upon a specific occurrence, such as the principal becoming incapacitated.
Classification of the types of powers of attorney can also define the scope of the agent’s authority. For example, a medical power of attorney grants the agent authority to make medical treatment and end-of-life care decisions on behalf of a principal. Medical powers of attorney may also work with a principal’s living will and advance directives to inform the agent of the principal’s treatment preferences or personal sensibilities.
A principal may also create a general power of attorney to give an agent broad authority over their legal and financial affairs. However, a principal might instead execute a limited power of attorney to give an agent authority over specific legal or financial decisions or transactions.
Powers of attorney can delegate specific forms of authority to an agent, such as:
Head Murphy Law can help you develop a document that’s tailored to your specific goals and concerns. We’ll start by explaining the benefits and consequences of specific types of authority under a POA and getting to know the goals you wish to accomplish.
State law outlines specific Michigan power of attorney requirements for executing vali powers of attorney, including witness and notary standards. Under Michigan law, a valid power of attorney must meet specific legal requirements, including:
Furthermore, for durable powers of attorney, the principal must either acknowledge their signature before a notary public or sign the document in the presence of two witnesses (neither of whom can serve as an agent under the POA), who must also sign the document. Should a principal direct another person to sign a durable power of attorney for them, the principal must have at least two witnesses to the signature, regardless of whether the principal acknowledges the signature before a notary public.
The law presumes the genuineness of a signature on a power of attorney acknowledged before a notary public.
A medical power of attorney requires the principal’s signature, two witnesses, and the agent’s signature. The agent can sign the POA after the principal.
The purpose of a power of attorney is to protect you at your most vulnerable. You deserve to know now that it will work as intended when you are unable to make decisions for yourself. That’s why it’s so important that you work with an experienced estate planning and probate law firm like Head Murphy Law in Farmington Hills. We offer:
Incorporating powers of attorney into your estate plan can give you peace of mind in knowing that you’ve empowered a trusted loved one or advisor to manage your personal and financial affairs, especially if you become unable to do so by yourself. Contact Head Murphy Law for a free, confidential consultation with an estate planning lawyer in Farmington Hills, MI, and let’s discuss whether a power of attorney is a suitable part of your overall plan.
Practice Areas
