Durable Power of Attorney in Michigan: What Changed Under the UPOAA

Michigan overhauled its power of attorney law on July 1, 2024, when the Uniform Power of Attorney Act (UPOAA) replaced the old framework under EPIC. The biggest shift: every financial power of attorney signed after that date is now presumed durable unless the document explicitly says otherwise.

That single change eliminated one of the most common mistakes families made under the old rules — forgetting to include the "magic words" that made their POA survive incapacity.

What "Durable" Actually Means

A durable power of attorney remains effective even if the principal (the person granting authority) later becomes mentally incapacitated. Without durability, a POA dies the moment the principal loses the ability to make decisions — exactly when most families need it most.

Under the old EPIC statute, you had to include specific durability language. Miss it, and your agent lost authority the instant a doctor diagnosed dementia or cognitive decline. Under the UPOAA (MCL 556.204), the presumption flipped: durability is now the default. You'd have to deliberately write non-durable language to create a POA that terminates upon incapacity.

Execution Requirements for a Valid Durable POA

Michigan offers two paths to execute a durable financial POA, but only one triggers the mandatory bank acceptance protections:

Path 1 — Notarized (recommended): The principal signs in front of a notary public. This creates a statutory "presumption of genuineness" under MCL 556.220, which forces banks to accept the document within seven business days or face court-ordered acceptance and liability for your legal fees.

Path 2 — Witnessed: The principal signs in front of two witnesses who are not the named agent. This creates a valid, legally durable POA, but without the notary acknowledgment, banks can delay or request additional documentation without triggering the seven-day penalty clock.

The notary route costs around $10 (often free at local banks or credit unions) and saves enormous headaches later.

What a Durable Financial POA Covers

The UPOAA statutory form uses a checkbox system. The principal initials each category of authority they want to grant:

• Banking and financial transactions
• Real property (buying, selling, mortgaging)
• Tax matters
• Government benefits
• Business operations
• Insurance and annuities
• Personal property

Critically, "hot powers" — gifting, creating or modifying trusts, changing beneficiary designations — require separate, explicit authorization in the Grant of Specific Authority section. A general durable POA does not automatically grant these powers.

What a Durable Financial POA Does Not Cover

A financial POA cannot authorize medical decisions. Michigan separates financial and healthcare authority into two completely distinct documents. Healthcare decisions require a Patient Advocate Designation (PAD), which has its own execution rules: two disinterested witnesses (not a notary), and the advocate cannot act until two medical professionals certify the principal lacks capacity.

When Durability Ends

A durable POA terminates in three situations:

1. Death of the principal. All POA authority — financial and medical — stops instantly. The agent cannot write checks, pay bills, or access accounts. Asset management transfers to a court-appointed personal representative, a successor trustee, or designated beneficiaries.

2. Written revocation. The principal can revoke at any time while mentally competent by delivering a signed, written revocation to the agent and any institutions holding copies.

3. Court order. A probate court can terminate a POA if it finds the agent is acting improperly.

The Cost of Not Having One

If a Michigan resident becomes incapacitated without a durable POA, their family must petition the county probate court for a conservatorship. Filing fees alone run $175, and the process typically takes four to eight weeks — during which no one can legally access the person's accounts to pay bills, mortgage, or medical expenses. Attorney fees for a conservatorship proceeding regularly exceed $3,000.

A properly executed durable POA avoids all of this.

The Michigan Power of Attorney Kit walks you through executing both financial and healthcare documents with Michigan-specific instructions, witness screening tools, and a bank acceptance defense guide that cites the exact UPOAA provisions banks are required to follow.

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