Michigan adopts the Uniform Power of Attorney Act
Michigan's UPOAA replaces prior durable power of attorney provisions in the Estates and Protected Individuals Code. Clarifies agent duties, durability presumption, and third-party acceptance rules.
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Will, living trust, durable power of attorney, and healthcare directive. All four documents, all valid in Michigan, all for $29/year.
Michigan content last reviewed May 18, 2026.
Will
2W
Trust
—
POA
2W
HC Directive
2W
E-will
Not adopted
RON
Limited
Since 2018, not all documents
ROW
Not allowed
Remote online witnessing
Community property
No
Minimum age
18
Michigan's UPOAA replaces prior durable power of attorney provisions in the Estates and Protected Individuals Code. Clarifies agent duties, durability presumption, and third-party acceptance rules.
Mich. Comp. Laws §700.2501 et seq.
Witnesses: 2 required
Two witnesses must sign within a reasonable time after witnessing the testator's signing or acknowledgment (MCL §700.2502(1)(c))
Notarization: Recommended
Not legally required, but recommended for self-proving affidavit
Holographic will: Valid
Handwritten wills without witnesses are recognized in Michigan
Self-proving affidavit: Available
Allows the will to be admitted to probate without witness testimony
Witnesses: None required
No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property
Notarization: Recommended
Not legally required for the trust document, but needed to transfer real property
State-specific notes
Witnesses: 2 required, or notary
Michigan accepts either 2 witnesses or notarization for power of attorney execution
Notarization: Accepted as alternative to witnesses
Either two witnesses OR acknowledgment before a notary. Mich. Comp. Laws §556.205(2) (UPOAA, effective July 1, 2024; superseded former §700.5501)
State-specific notes
Mich. Comp. Laws §§700.5506–700.5515
Witnesses: 2 required
Michigan requires 2 witnesses
Notarization: Not required
Notarization is not required but may be accepted
State-specific notes
$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.
Disposition of Remains Authorization
Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.
HIPAA Authorization
Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.
In this state: Cites the Michigan Mental Health Code (Mich. Comp. Laws §§330.1748 (mental health) and 330.1262 (substance-use records, anchored in §330.1261)) and the Michigan Public Health Code (§333.5131 (HIV)), plus 42 CFR Part 2 (federally assisted SUD programs).
Nomination of Conservator
Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.
Business Succession Declaration
Identifies your interests in any closely-held businesses and how they should be transferred or wound down.
Real-Estate Retitling Checklist
Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.
Letter of Instruction
Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.
Free vs. paid
Michigan has not adopted electronic will legislation. A traditional paper will with physical signatures is required.
Michigan has adopted RUFADAA (2016). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.
To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.
Michigan authorized RON in 2018.
Will
Not allowed
Trust
Allowed
POA
Allowed
Michigan does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.
Will
Not allowed
Trust
Not allowed
POA
Not allowed
HC Directive
Not allowed
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.