Michigan Limited Power of Attorney where you Specify Powers with Sample Powers Included
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FAQ
Creating a power of attorney in Michigan for financial matters requires that it be dated, signed by either the principal or a notary public on behalf of the principal according to the requirements of the Michigan Notary Public Act, and either signed in the presence of two witnesses or acknowledged before a notary
Generally, the agent under a power of attorney is not liable for the debts of the principal unless the agent acted outside the scope of her authority.- Anyone who co-signs or guarantees a debt remains liable even after the death of the other debtor.
The durable power of attorney must either be notarized (in practice this is preferred) or witnessed by two persons who are not the agent (the person who may act for the principal).The witnesses must also sign the power of attorney.
A power of attorney is no longer valid after death. The only person permitted to act on behalf of an estate following a death is the personal representative or executor appointed by the court. Assets need to be protected.An estate needs to be opened and a personal representative or executor needs to be appointed.
Unfortunately, you can't get power of attorney and act on someone's behalf after they've died. According to the law, a power of attorney must be executed while the principal is alive and of sound mind acting of their own free will.
Creating a power of attorney in Michigan for financial matters requires that it be dated, signed by either the principal or a notary public on behalf of the principal according to the requirements of the Michigan Notary Public Act, and either signed in the presence of two witnesses or acknowledged before a notary
A "Durable" Power of Attorney enables the Agent to act for the Principal even after the Principal is not mentally competent or physically able to make decisions. The "Durable" Power of Attorney may be used immediately, and is effective until it is revoked by the Principal, or until the Principal's death.
The Power of Attorney After Death The POA you hold for your parent is useless and serves no purpose after his death. The deceased person no longer owns anything for you to handle for him because he can't legally hold money or property.
You can cancel (revoke) your durable power of attorney, but only when you are able (competent). You must sign a written document that says the durable power of attorney is revoked. You should sign the document in front of a notary public or two witnesses, but that is not required.