Michigan: Power of Attorney Requirements
The short answer
Michigan's Uniform Power of Attorney Act separates basic validity from durability. A power of attorney is valid once signed by the principal (or, in the principal's conscious presence, by someone the principal directs) — no notary or witnesses are required just to be valid. But it is durable, meaning it survives the principal's later incapacity, only if it is either notarized or signed in front of 2 qualified witnesses; without one of those, it is effective but not durable. A power of attorney can also be written to spring into effect on a future date or event. Recording the document itself before a real estate transaction is optional, not required.
| 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) |
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The short answer
Michigan splits validity from durability, which is the thing to understand
before anything else. To be effective at all, a power of attorney "must be
signed" by the principal, or, in the principal's conscious presence, by
someone the principal directs to sign for them (MCL 556.205(1)) — that alone
makes a valid, non-durable power of attorney. To be durable — to survive your
later incapacity — it must also be "acknowledged by the principal before a
notary public or other individual authorized to take acknowledgments," or
"signed in the presence of 2 witnesses" who are not the nominated agent (MCL
556.205(2)). Skip both, and the power still works today, but it automatically
ends the moment you become incapacitated (MCL 556.204).
Michigan replaced its old five-section durable power of attorney statute
(MCL 700.5501–.5505) with this much more detailed Uniform Power of Attorney
Act, effective July 1, 2024.
Requirements one by one
Governing law
Michigan's power of attorney law is "the uniform power of attorney act" (MCL
556.201), codified at MCL 556.201–556.505, effective July 1, 2024. It
replaced the durable power of attorney provisions that used to live in the
Estates and Protected Individuals Code at MCL 700.5501–700.5505, which the
new Act repealed.
Who must sign
The principal — or, if the principal cannot sign, "another individual
directed by the principal to sign the principal's name," acting "in the
principal's conscious presence" (MCL 556.205(1)(b)). Conscious presence means
the principal is aware of the signing as it happens.
Notarization
Not required for basic validity — but it is one of two paths to durability.
A power of attorney the principal personally signed becomes durable if it is
"acknowledged by the principal before a notary public or other individual
authorized to take acknowledgments" (MCL 556.205(2)(a)). The alternative path
is witnessing (below); you don't need both, though the statutory form points
out that acknowledging your signature also makes it harder for someone to
refuse to accept the power later (MCL 556.401, referencing MCL 556.220).
Witnesses
Not required for basic validity, and not required if you notarize instead.
But if you want durability without a notary, you need "2 witnesses, both of
whom also sign the power" (MCL 556.205(2)(b)) — neither can be the agent
named in the power, though one of the two may also be the notary acting in
that separate capacity. If someone other than the principal signed the power
on the principal's behalf (in the principal's conscious presence), it can
only become durable through this 2-witness route, "regardless of whether the
power is acknowledged" (MCL 556.205(3)).
Statutory form
Yes. MCL 556.401 sets out an optional statutory form: the principal initials
the subjects of authority granted (real property, banks, taxes, and more)
and separately initials specific high-consequence powers such as making a
gift or changing a beneficiary designation. The form itself warns that it
only becomes durable "if you sign it either before a notary public ... or in
the presence of two witnesses" as described above. If the power is durable,
the agent has a separate statutory duty: before acting, the agent "must ...
sign an acknowledgment of your duties as agent" using the template at MCL
556.402.
Durable by default?
No — this is the dimension where Michigan is unusual. Most states presume
durability unless the document says otherwise; Michigan does the opposite.
A power "is durable unless it expressly provides that it is terminated by
the incapacity of the principal" only if it was "executed in accordance with
section 105(2) or (3)" — meaning notarized or witnessed as described above.
A power "not executed in accordance with section 105(2) or (3) is not
durable" (MCL 556.204), full stop, regardless of what the document says.
Springing POA allowed?
Yes. A power "is effective when executed unless the principal provides ...
that it becomes effective at a specified future date or on the occurrence of
a specified future event or contingency" (MCL 556.209(1)). You may name one
or more people to determine in writing that the event occurred (MCL
556.209(2)). If the trigger is your incapacity and you named no one — or
that person won't act — the statute supplies a fallback: a written
determination by a physician or licensed psychologist, or, for incapacity
based on detention or absence, by an attorney, judge, or appropriate
government official (MCL 556.209(3)).
Real estate extras
Recording the power of attorney itself is optional, not mandatory, in
Michigan. A "letter of attorney, or other instrument containing a power to
convey lands," when properly acknowledged, "may be recorded in the registry
of deeds of any county in which the lands ... may be situated" (MCL 565.36).
The reason people record it anyway: once recorded, "no letter of attorney or
other instrument so recorded[] shall be deemed to be revoked" unless the
revocation is "also recorded in the same office" (MCL 565.37) — recording
protects a title examiner (and your agent) from a revocation nobody can see.
Independent of the power of attorney, the deed itself still "shall be
acknowledged before any judge, clerk of a court of record, or notary public"
like any Michigan conveyance (MCL 565.8).
Out-of-state POAs
Recognized. A power executed outside Michigan "is valid in this state if,
when the power was executed, the execution complied with" the law of the
jurisdiction governing its meaning and effect, the law of where the
principal was domiciled at execution, or the federal military power of
attorney statute (MCL 556.206(2)). Copies count too: a photocopy or
electronically transmitted copy "has the same effect as the original" unless
the power or another statute says otherwise (MCL 556.206(3)).
What trips people up
- Assuming "signed" means "durable." A signed-only power of attorney is
perfectly valid today but ends automatically the moment you're
incapacitated — exactly when most people need it most (MCL 556.204,
556.205). - Choosing witnesses without checking who they are. A witness can't be
the agent named in the power; only one of the two witnesses is allowed to
double as the notary (MCL 556.205(2)(b)). - Forgetting the agent's separate acknowledgment. For a durable power,
the agent must sign their own acknowledgment of duties before acting — the
power being valid doesn't excuse this separate step (MCL 556.402). - Not recording for real estate, then losing the revocation protection.
Recording the power isn't required, but if you skip it, a recorded
revocation elsewhere won't reliably protect against someone still relying
on an unrecorded, revoked power (MCL 565.36–.37).
Common questions
Does Michigan require witnesses or a notary? Not for basic validity —
just a signature. But you need one or the other (a notary acknowledgment or
2 qualified witnesses) for the power to be durable and survive your
incapacity (MCL 556.205).
Is a Michigan power of attorney durable automatically? No — this is the
opposite of most states. It's durable only if executed with notarization or
2 witnesses; otherwise it's valid but ends at incapacity (MCL 556.204).
Can it take effect only if I become incapacitated? Yes. Say so in the
document and ideally name someone to make the written determination; if you
don't, the statute supplies a physician, licensed psychologist, attorney,
judge, or government official as a fallback (MCL 556.209).
Will my out-of-state power of attorney work in Michigan? Yes, if its
execution complied with the law of the jurisdiction governing it or where
you were domiciled when you signed it (MCL 556.206). For Michigan real
estate, recording is still optional, not required.
Statutes and sources
All quotations are from the Michigan Compiled Laws as published by the
Michigan Legislature at legislature.mi.gov, accessed 2026-07-04. The full
Act text is rendered "Complete Through PA 16 of 2026," confirming currency.
- MCL 556.201 — short title.
View official text (legislature.mi.gov) - MCL 556.204 — limited presumption of durability. Quoted above.
View official text (legislature.mi.gov) - MCL 556.205 — execution requirements for validity and durability.
Quoted above.
View official text (legislature.mi.gov) - MCL 556.209 — when a power of attorney takes effect; springing
mechanisms. Quoted above.
View official text (legislature.mi.gov) - MCL 556.206 — validity, out-of-state powers, and copies. Quoted above.
View official text (legislature.mi.gov) - MCL 556.401 — the statutory form power of attorney. Quoted above.
View official text (legislature.mi.gov) - MCL 565.36 — permissive recording of a power of attorney used to
convey land. Quoted above.
View official text (legislature.mi.gov) - MCL 565.8 — acknowledgment requirement for deeds generally. Quoted
above.
View official text (legislature.mi.gov)
Pending legislation: House Bill 5659 (2025-2026 Regular Session), described
above, was pending in the House Judiciary Committee as of July 4, 2026.
Source links
Every statute quoted above, linked, with the date we checked it.