Michigan Uniform Power of Attorney Act (MUPA): 2024 Changes Explained

On July 1, 2024, Michigan's entire framework for financial powers of attorney changed overnight. The Michigan Uniform Power of Attorney Act (MUPA), codified under MCL 556.201 et seq., replaced the old provisions that had lived inside EPIC for decades.

If you executed a financial power of attorney before July 2024, it's still valid — but understanding what changed matters for anyone creating new documents or relying on existing ones.

What MUPA Changed

Agent acceptance requirements: Before MUPA, there was no statutory requirement for a financial agent to formally accept their role. Now, agents must execute a written acknowledgment accepting their fiduciary duties before they can act on the principal's behalf.

Codified agent duties: MUPA established explicit agent obligations under MCL 556.214, including duties of loyalty, care, and record-keeping. Agents must act in the principal's best interest and avoid conflicts of interest.

Gifting restrictions: Under MCL 556.301(2), MUPA imposed strict limitations on an agent's ability to make gifts using the principal's assets. Self-dealing protections are now explicitly codified rather than left to common law.

Third-party acceptance: Financial institutions that unreasonably refuse to honor a valid power of attorney now face statutory liability. MUPA gives agents a legal mechanism to force acceptance, reducing the common frustration of banks rejecting valid documents.

Durability presumption: Under MUPA, a power of attorney is presumed durable (surviving the principal's incapacity) unless the document explicitly states otherwise. Previously, durability required specific opt-in language.

What MUPA Did Not Change

This is where the confusion happens: MUPA explicitly excludes healthcare powers of attorney from its scope under MCL 556.203(b).

Your Patient Advocate Designation — Michigan's healthcare power of attorney — is still governed by the old EPIC statutes (MCL 700.5506–700.5520). The execution requirements, witness rules, 10-statement acceptance, and activation procedures for medical decision-making authority remain exactly the same as before MUPA.

This means Michigan now has two completely separate statutory frameworks:

Why You Need Both Documents

A financial power of attorney under MUPA lets your agent manage bank accounts, pay bills, handle real estate transactions, file taxes, and manage investments during your incapacity.

A Patient Advocate Designation under EPIC lets your advocate consent to medical treatment, choose care facilities, and make end-of-life decisions.

Neither document can do the other's job. A MUPA financial agent cannot consent to surgery. A patient advocate cannot access your bank account to pay hospital bills.

Do Old Financial POAs Still Work?

Yes. MUPA includes transitional provisions recognizing documents executed under the prior law. However, financial institutions are increasingly familiar with MUPA's format and requirements. If your existing financial POA is more than a few years old, it's worth updating to the MUPA format to avoid potential pushback from banks or investment firms.

Getting Both Documents Right

The Michigan Advance Directive & Living Will Kit covers the healthcare side — your Patient Advocate Designation under EPIC, with the correct witness and acceptance requirements that MUPA didn't change. It also explains how your medical planning coordinates with the financial POA you'll need under MUPA, so both documents work as a unified incapacity plan.

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