Power of Attorney Requirements in Michigan
At a glance
| Governing law | Uniform Power of Attorney Act, MCL 556.201–556.505 (UPOAA, effective July 1, 2024; replaced the durable-POA provisions formerly in the Estates and Protected Individuals Code, MCL 700.5501–.5505) |
|---|---|
| Who must sign | Principal, or another individual in the principal's conscious presence directed by the principal to sign the principal's name (MCL 556.205(1)) |
| Notarization | Not required for basic validity, but required to make the power durable unless witnessed instead: acknowledgment before a notary public or other individual authorized to take acknowledgments is one of two ways to satisfy the durability requirement (MCL 556.205(2)) |
| Witnesses | Not required for basic validity; 2 witnesses (neither may be the nominated agent) are the alternative way to make the power durable, and are mandatory if someone other than the principal signed for them (MCL 556.205(2)–(3)) |
| Statutory form | Yes — optional statutory form at MCL 556.401; if the power is durable, the agent must also separately sign an 'Agent's Acknowledgment' of duties before acting (MCL 556.402) |
| Durable by default? | No — durability is not automatic. A power created under the Act is durable only if executed with a notarized acknowledgment or 2 qualified witnesses; without one of those it is effective but not durable (MCL 556.204) |
| Springing POA allowed? | Yes — effective when executed unless the principal states a future date or event; the principal may name a determiner, with a statutory fallback of a physician or licensed psychologist, or an attorney, judge, or government official (MCL 556.209) |
| Real estate extras | No mandatory recording of the power of attorney itself before a real estate transfer; a letter of attorney granting power to convey land MAY be recorded with the county register of deeds, and once recorded, a later revocation isn't effective against third parties unless the revocation is also recorded there (MCL 565.36–.37). The deed itself must still be independently acknowledged like any conveyance (MCL 565.8). |
| Out-of-state POAs | Yes — a power of attorney executed elsewhere is valid if its execution complied with the law of the jurisdiction governing its meaning and effect, the law of the principal's domicile at execution, or the federal military power of attorney statute; photocopies and electronic copies have the same effect as the original (MCL 556.206) |
Requirements one by one
Governing law
Michigan calls MCL 556.201–556.505 the "uniform power of attorney act" (MCL 556.201). It took effect July 1, 2024. The validity rule for a power signed earlier looks to the law in force when it was executed (MCL 556.206(1)).
Who must sign
For a power created under the current Act, MCL 556.205(1) permits either the principal to sign or another individual to sign the principal's name at the principal's direction and in the principal's "conscious presence." The substitute signature has a separate consequence for durability below.
Notarization
A personally signed power may be made durable by acknowledgment before a notary or another authorized acknowledgment officer (MCL 556.205(2)(a)). The Act's basic effectiveness rule in subsection (1) calls for a signature; it does not require acknowledgment. The alternative route to durability is two qualifying witnesses.
Witnesses
For a personally signed power, two witnesses who also sign can replace acknowledgment. Neither may be an agent nominated in the power. One witness may also act as the acknowledgment officer (MCL 556.205(2)(b)). If someone else signs for the principal, a durable power requires those two witnesses "regardless of whether the power is acknowledged" (MCL 556.205(3)).
Statutory form
The optional form is printed at MCL 556.401. It lets the principal initial the subjects of ordinary authority and separately select powers such as making gifts or changing beneficiary designations. An agent under a durable power has a separate duty before acting: execute an acknowledgment of duties containing the substantive statements in the optional template at MCL 556.402 (MCL 556.213(2)). Failure to do so does not itself eliminate the agent's authority (MCL 556.213(3)).
Durable by default?
Only a power executed by one of the two routes in MCL 556.205(2) or (3) gets the durability default. MCL 556.204 says a power without those formalities "is not durable"; one with them is durable unless it expressly terminates at incapacity. A sentence declaring the power durable cannot replace the required acknowledgment or witnesses.
Springing POA allowed?
MCL 556.209(1) lets the principal choose a specified later date or event. The principal may name someone to record that the event occurred. If the trigger is incapacity and the designated person cannot or will not decide, subsection (3) supplies a physician or licensed psychologist for impairment of decision making, and an attorney, judge, or appropriate government official for detention, absence, or inability to return to the United States.
Real estate extras
A power to convey land, "when acknowledged or proved in the manner prescribed in this chapter, may be recorded" where the land is located (MCL 565.36). That wording permits recording; it does not make recording a condition of the power's basic effectiveness. The deed made by the agent must separately meet Michigan's deed acknowledgment rule (MCL 565.8).
Out-of-state POAs
MCL 556.206(2) recognizes a power executed elsewhere if it met the execution law of the jurisdiction governing its meaning and effect, or the law of the principal's domicile when signed. The section also recognizes a qualifying federal military power of attorney.
What trips people up
- A substitute signer changes the durability route. Even an acknowledged power signed for the principal under MCL 556.205(1)(b) needs two qualified witnesses to be durable (§ 556.205(3)).
- Recording affects later revocation. If the land power is recorded, MCL 565.37 says a later revocation by the principal must also be recorded in the same office for the recorded power to be deemed revoked. Keep the register's record aligned with any later revocation.
Common questions
Must the agent sign the principal's power? The principal's execution rule is in MCL 556.205. For a durable power, the agent signs a separate acknowledgment of duties before exercising authority (MCL 556.213(2)); the Act says failure to comply does not itself defeat the agent's authority (MCL 556.213(3)).
Can I send a scan instead of the original? MCL 556.206(3) gives a photocopy or electronically transmitted copy the same effect as the original, unless the power itself or another statute provides otherwise.
Statutes and sources
The financial power of attorney quotations come from the Michigan Legislature's Act 187 of 2023, rendered September 26, 2026 and complete through PA 103 of 2026. The land statutes are the current official section pages. All were accessed 2026-10-06.
- MCL 556.201: This act may be cited as the "uniform power of attorney act".
- MCL 556.204: "A power of attorney created on or after the effective date of this act that is not executed in accordance with section 105(2) or (3) is not durable."
- MCL 556.205: "To be effective, a power of attorney created on or after the effective date of this act must be signed by 1 of the following individuals"; subsections (2) and (3) set durability formalities.
- MCL 556.206: "A power of attorney that is not executed in this state is valid in this state if" the specified alternative execution laws were met; subsection (3) addresses copies.
- MCL 556.209: "A power of attorney is effective when executed unless the principal provides in the power that it becomes effective at a specified future date or on the occurrence of a specified future event or contingency."
- MCL 556.213(2): "Before exercising authority under a durable power of attorney, an agent shall execute an acknowledgment of the agent's duties"; subsection (3) states the effect of noncompliance.
- MCL 556.401: "A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this act:"
- MCL 556.402: "The following optional template may be used by a nominated agent under a durable power of attorney to provide the acknowledgment required by section 113(2):"
- MCL 565.36: "every such letter or instrument" acknowledged or proved as prescribed "may be recorded in the registry of deeds" where the land is located.
- MCL 565.37: "No letter of attorney or other instrument so recorded, shall be deemed to be revoked by any act of the party by whom it was executed" unless the revocation is recorded in the same office.
- MCL 565.8: "Deeds executed within this state of lands, or any interest in lands, shall be acknowledged before any judge, clerk of a court of record, or notary public within this state."
HB 5659 would add a remote signing and witnessing route. Its official action list still ends with the March 4, 2026 electronic reproduction after referral to House Judiciary, as checked October 6, 2026.
Source links
Every statute quoted above, linked, with the date we checked it.
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