Free Michigan Power of Attorney Form

What is a Michigan Power of Attorney?

Who will you grant control over your health and finances for when you are incapacitated? As unpredictable as life is, you need to ensure that your affairs are in order whether you have kids that need to be cared for in your absence or if your health starts failing and you need someone to decide what happens to your legs and finances. With all these under consideration, you have to fill in, sign, and notarize an important legal document that gives your agent control over your affairs. The document signed is called a power of attorney and the person you assign power to is your agent, or the attorney-in-fact. You, the one appointing an agent to take care of your affairs when you are unable to are referred to as the principal.

In the state of Michigan, this legal document is also referred to as the letter of attorney, letter of authorization, or the letter of authority. The legal arrangement involving handing over power to another party creates different types of powers of attorney. But, regardless of the type of letter of attorney, you will have to fill a free power of attorney form in Michigan to initiate the process.

Types of powers of attorney

Durable Power of Attorney

When filling a free Michigan power of attorney form for a durable letter of authorization, it means that you are getting ready to hand over power over your health care to a person you designate your agent.

In most cases, the preparation of this legal document takes place when one is in good health, and before one suffers a debilitating condition which could leave you incapacitated and unable to communicate your wishes.

Don’t you think that this is an important decision to make? Just think about it – what happens when a decision needs to be made for whether you are put on life-support or if you’re taken off it because of one medical condition or another?

The durable powers over your health will give the attorney-in-fact the authority to withdraw or withhold any life-saving medical procedures your doctors may have in mind. However, for the execution of such life and death decisions, the details of the authority given should be well laid out in writing.

This type of letter of attorney often includes a statement on the patient’s desires regarding their care, medical treatment decisions, or custody, only implemented when the principal cannot make any decisions regarding their health. The agent, also called the patient advocate has to make a decision, only as directed by the patient.

  • What are the legal requirements for one to be the sole individual with control over the principal’s health?

    • Should be 18 years or older

    • Should be of sound mind

    • The letter of authorization has to be signed, in writing

    • The legal instrument should be signed by and in the presence of at least 2 witnesses.

    • The nominated agent or the patient advocate has to sign an acceptance form

    • For its validity, the execution should be voluntary

    • The power granted to the principal’s agent has to be in the medical records of the principal for its implementation

    • The legal instrument is only acceptable for use when the principal loses their ability to participate in decision making on matters regarding their health

    • However, the document is not executable or applicable when the principal is pregnant.

  • What are the conditions for the revocation of this health care letter of authorization?

    • The document can be revoked whenever, and in any manner deemed sufficient to bring up the intentions of the principal in revoking the power of the document

    • It’s invalid if the agent resigns or is removed

    • If there exists a subsequent document which revokes the power over health care, inconsistently or even expressly.

    • In the event of a divorce

    • Death of the principal

    • In case of orders from the probate court

    • If the revocation is a provision in the authority letter

    • If there are pre-existing desires of a principal that are binding to the agent.

The state of Michigan states that the physician is bound to their sound medical practice as well as the principal’s instructions executable by the principal’s advocate.

Michigan Power of Attorney For Childcare Law

As a guardian of a minor, parent, or a guardian of an individual who is incapacitated legally, you can delegate control over the individual to another person for a maximum of 6 months. The delegation includes the power of care, property of the minor or custody. But, the powers granted to the non-parent or non-guardian do not include authorizing an adoption, consent to marriage or the release of a minor for adoption.

Michigan Limited Power of Attorney Law

Would you like to hand over control over a specific matter because of inability or unavailability, perhaps you need a document that gives your agent limited authority. You can revoke the power by issuing a revocation letter/ notice to the agent and other involved third parties.

Whether you live in Grand Rapids, Detroit, Warren, Sterling Heights, Ann Arbor, Lansing, Clinton, Flint, Dearborn, Livonia or any other city of Michigan, you can utilize our power of attorney forms effortlessly.