Responsibilities of a Power of Attorney in Michigan

When considering the responsibilities of a Power of Attorney in Michigan, it may be helpful to distinguish between the types of powers of attorney that exist. Power of Attorney in Michigan is commonly broken up into 4 categories, including:

General Power of Attorney: Authorizes the “agent” to act on your behalf in a wide range of situations.
Special Power of Attorney: This allows the agent to act on your behalf only in specific situations.
Health Care Power of Attorney: Your agent is allowed to act on your behalf in health care situations only, even if you’re incapacitated.
Durable Power of Attorney: Any of the above Powers of Attorney can remain in effect even if you are mentally incapacitated.

The responsibility of a power of attorney agent varies depending on the type of power given.

In the case of a General Power of Attorney in Michigan, the agent may have the following responsibilities in the following areas:

bank account transactions;
property & real estate purchases or sales;
claims settlements;
tax returns; and
life insurance purchases.

Typically, a Power of Attorney in Michigan is recommended in the following situations:

When traveling abroad: This is common when someone will be traveling for a long time, such as with a military deployment.
Incapacitation: Since this often happens unexpectedly, your Michigan estate planner will include a power of attorney as part of your overall estate plan.

Because someone with a General Power of Attorney in Michigan has a lot of control over your affairs, it’s important to select someone you trust. It’s best to talk with an estate planner about choosing the right person for this important responsibility.

As of now, there is no court supervision of a Power of Attorney agent. Powers of Attorney are placed under the probate courts, with supervision given only when there is notification of a problem. There have been instances when agents have stolen from those who granted them Power of Attorney over their affairs.

Establishing a Power of Attorney in Michigan is often recommended in conjunction with a living will and trust as part of an overall estate plan. Often, an estate attorney can help set you up by preparing your Power of Attorney in Michigan.

When Does a Power of Attorney go into Effect?

Just because a Power of Attorney in Michigan has been signed does not mean you have given up your autonomy. If you have signed a durable Power of Attorney or a Health Care Power of Attorney, you only give up your ability to make decisions and control your assets should you become incapacitated.

If you’re interested in granting a Power of Attorney in Michigan, talk with a Michigan estate attorney about the process.

From the author: Michigan Estate Planning Attorney

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