Limited Power of Attorney - Michigan

LIMITED POWER OF ATTORNEY — MICHIGAN

Before you use this: Fill in the single transaction, each authorized act, the property, an amount limit, and an end time before signing. The principal should sign and acknowledge this power before a notary. The agent must sign the attached acknowledgment of duties before acting. For a land conveyance, attach its legal description and coordinate any recording with the register of deeds.

1. Principal and agent

I, [PRINCIPAL FULL LEGAL NAME], of [ADDRESS], appoint [AGENT FULL LEGAL NAME], of [ADDRESS], as my agent only for the transaction described below.

2. Exact authority

Specific transaction and counterparty: [DESCRIBE]

Acts my agent may perform and documents my agent may sign: [LIST EACH ACT AND DOCUMENT]

Property, account, or asset involved: [IDENTIFY; FOR LAND ATTACH LEGAL DESCRIPTION]

Maximum payment, receipt, or commitment: $[AMOUNT / NONE]

Additional conditions: [DESCRIBE / NONE]

My agent may communicate with the identified counterparty and obtain records only as reasonably needed to perform the listed acts. An unfilled act or property description grants no authority. A land conveyance is authorized only if the exact conveyance and parcel are written above. No general authority over my other affairs is granted.

3. Powers withheld

My agent may not create, amend, revoke, or terminate an inter vivos trust; make a gift; create or change survivorship rights or a beneficiary designation; delegate this authority; waive my right to a joint-and-survivor annuity or retirement survivor benefit; exercise my delegable fiduciary powers; access the content of my electronic communications; or exercise authority over a bank, securities, or other financial account in a foreign country. My agent may not transfer property to the agent, make health-care decisions, or make, amend, or revoke my will. None of the acts listed in MCL 556.301(1) is granted.

4. Durability and end

This power is durable and is not terminated by my later incapacity. It takes effect when I execute it. It ends when the stated transaction is completed and, in all events, no later than [DATE AND TIME, INCLUDING TIME ZONE]. It may terminate sooner under MCL 556.210, including upon my death or revocation. This instrument does not revoke another power unless I identify it here: [EARLIER POWER TO REVOKE / NONE].

5. Agent's duties

My agent must follow my actually known reasonable expectations or otherwise act in my best interest, act in good faith, stay within this grant, and keep reasonable records of receipts, disbursements, and transactions. The attached agent's acknowledgment records these duties and the additional statutory statements.

6. Principal's signature

I sign this limited power of attorney on [__/__/____] at [CITY, MICHIGAN].

Principal's signature: ____________________________________

Printed name: [PRINCIPAL FULL LEGAL NAME]

7. Notarial acknowledgment

State of Michigan, County of [COUNTY]. On [__/__/____], [PRINCIPAL FULL LEGAL NAME] personally appeared before me, established identity through [PERSONAL KNOWLEDGE / SATISFACTORY EVIDENCE], and acknowledged signing this document voluntarily.

Notary public's signature: ____________________________________

Printed commissioned name: [NOTARY NAME]

Notary public, State of Michigan, County of [COUNTY OF COMMISSION]

My commission expires: [DATE]

Acting in the County of: [COUNTY, IF DIFFERENT FROM COUNTY OF COMMISSION]

8. Land-recording instruction

For a power to convey Michigan land, MCL 565.36 permits recording an acknowledged power in the county where the land is located. Coordinate the power and conveyance with that county's register of deeds. If this power is recorded, record any later revocation in the same office under MCL 565.37.

Agent's acknowledgment of duties — sign before acting

I, [AGENT FULL LEGAL NAME], am appointed agent for [PRINCIPAL FULL LEGAL NAME] under the durable power of attorney dated [__/__/____]. By signing, I acknowledge that if and when I act as agent:

My duties. I must do what I know the principal reasonably expects with the principal's property or, if I do not know, act in the principal's best interest; act in good faith; do nothing beyond the granted authority; keep reasonable records of receipts, disbursements, and transactions; and disclose my identity as agent when acting by writing or printing the principal's name and signing my own name as “agent.” Depending on this power's terms, MCL 556.214 may impose additional duties, including loyalty, avoiding impairing conflicts, and prudent care, competence, and diligence.

Specific authority. Unless specifically provided in the power or by judicial order, I cannot create, amend, revoke, or terminate an inter vivos trust; make a gift, including to myself; create or change survivorship rights or a beneficiary designation; delegate my authority; exercise delegable fiduciary powers; waive a joint-and-survivor annuity or retirement survivor benefit; exercise authority over the content of the principal's electronic communications; or exercise authority over a bank, securities, or other financial account in a foreign country. This limited power grants none of those acts.

Termination. I must stop acting if I learn of any event ending this power or my authority, including the principal's death or revocation.

Potential liability. If I violate the Michigan Uniform Power of Attorney Act, MCL 556.201 to 556.505, or act outside this power, I may be liable to the principal or successors for resulting damages and to civil or criminal penalties. An exoneration clause, if any, does not excuse bad faith or, in some cases, reckless indifference to the power's purposes or the principal's interests. If I do not understand this document or my duties, I should seek legal advice.

Agent's signature: ____________________________________ Date: [__/__/____]

Printed name: [AGENT FULL LEGAL NAME]

Sources and References

• Michigan Uniform Power of Attorney Act, MCL 556.201–556.505.
• Michigan land-conveyance power recording, MCL 565.36–.37.
• Michigan Law on Notarial Acts, MCL 55.285 and 55.287.