Power of attorney requirements

Michigan

What you need to create a valid durable financial power of attorney in Michigan.

Notarization

Alternative

Witnesses or notary accepted

Witnesses required

2

Michigan requires 2 witnesses

Online notary

Authorized

Since 2018

Execution requirements

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Notarization — Alternative accepted

Either two witnesses OR acknowledgment before a notary — Mich. Comp. Laws §700.5501

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Witnesses — 2 required

Michigan requires 2 witnesses for a valid power of attorney.

✓

Written and signed by principal

The power of attorney must be in writing, signed by you (the principal) while of sound mind and at least 18 years old.

✓

Durability language

Must explicitly state that the power of attorney remains effective upon the principal's incapacity. Without this language, it terminates if you become incapacitated.

Michigan-specific notes

•Michigan adopted the Uniform Power of Attorney Act in 2024
•Durability is presumed unless the instrument states otherwise
Remote online notarization: Michigan authorized RON in 2018. You may be able to have your power of attorney notarized via video conference through an approved RON provider.

What a power of attorney covers

A durable financial power of attorney lets your agent handle financial matters on your behalf if you become incapacitated. Common powers include:

  • •Banking and financial accounts
  • •Real estate transactions
  • •Investment management
  • •Tax filings
  • •Government benefits (Social Security, Medicare)
  • •Business interests

You choose which powers to grant — you can grant all of them or limit to specific categories.

This information is general in nature and not legal advice. Laws change — consult a licensed estate planning attorney in Michigan for guidance specific to your situation.

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