What the rule says
Michigan's framework for durable powers of attorney is codified at Mich. Comp. Laws § 700.5501 et seq. Unlike most states, which now have default-durable rules, Michigan requires the principal to expressly state durability for the POA to survive incapacity.
Under Mich. Comp. Laws § 700.5501, a power of attorney is durable only if the document includes specific language showing that the principal intends the POA to continue despite incapacity:
- "This power of attorney is not affected by my subsequent disability or incapacity," or - "This power of attorney becomes effective upon my disability or incapacity," or - Substantively similar language showing intent to make the POA durable
Without this language, the POA is an ordinary POA that terminates automatically when the principal loses capacity. The agent's authority ends at exactly the moment when the document was most likely intended to be useful.
How Michigan compares to other states
Michigan's express-durability requirement places it alongside California and Texas (both of which also require express durability language) and contrasts with the default-durable rules in Florida, New York, Pennsylvania, Ohio, Georgia, Illinois (under the Statutory Short Form), and North Carolina.
The express-language requirement reflects Michigan's older approach to POA law. Many states have moved to default-durability through adoption of the Uniform Power of Attorney Act, but Michigan has retained the traditional rule requiring affirmative durability language.
What this means in practice
The express-durability requirement produces several practical consequences:
- DIY POAs may not be durable. A handwritten or template-based POA without specific durability language is not durable, even if the principal clearly intended it to be. - Out-of-state POAs may not work as expected. A POA executed in a default-durable state and brought to Michigan may not include the express durability language Michigan requires. Some Michigan courts have addressed this through choice-of-law analysis, but the safest practice is to ensure the document meets Michigan requirements. - Updating older POAs is often advisable. A POA executed years ago may not include current durability language; updating ensures compliance. - Specific powers must also be expressly granted. Although Michigan has not adopted the full Uniform Power of Attorney Act, certain significant powers (gifts, beneficiary changes, trust modifications) typically require express enumeration.
Patient advocate designation is separate
Michigan separates the legal frameworks for property and healthcare. The durable power of attorney for property is governed by § 700.5501 et seq. Healthcare decisions require a separate "patient advocate designation" under Mich. Comp. Laws § 700.5506.
The patient advocate designation:
- Is the Michigan term for the healthcare agent - Has its own execution requirements (signed by the principal and witnessed by two adults; the witnesses cannot be specific categories of people including the patient advocate, healthcare providers, etc.) - Authorizes the patient advocate to make medical decisions when the principal cannot - Includes specific provisions for end-of-life decisions if expressly authorized
Most Michigan residents executing a complete advance care plan execute both a durable POA for property and a patient advocate designation at the same time as a coordinated set.
What happens without a POA
If a Michigan resident becomes incapacitated without a durable POA, the family must seek court appointment of a conservator (for property matters) or guardian (for personal matters) under Mich. Comp. Laws ch. 700 art. V. Conservatorship and guardianship proceedings involve:
- Court filing and hearing - Establishment of incapacity - Appointment of conservator or guardian - Bond requirements (often) - Ongoing court supervision - Substantial cost (typically $3,000-$10,000+ in initial fees)
A properly executed durable POA avoids this for incapacity-related financial management.
What you can do about it
For Michigan residents:
- Execute a durable POA with express durability language. The specific language is essential. - Acknowledge before a notary. Notarization is required for many practical purposes including real estate transactions. - Specifically grant any significant powers. Gifts, beneficiary changes, and trust modifications typically require specific authorization. - Designate a successor agent. A primary agent who is unavailable when needed leaves the document without an effective decision-maker. - Coordinate with the patient advocate designation. A property POA does not cover healthcare; both documents are needed for complete advance care planning. - Update older POAs. Older Michigan POAs may be valid but may not include current best-practice provisions; review and updating is advisable.
Who this affects most
Michigan's durable POA framework is most consequential for:
- Michigan adults without any executed POA — incapacity will require conservatorship - Households with non-durable POAs that fail at the moment of need - Adult children caring for aging parents whose POAs are uncertain - Anyone considering DIY estate planning who may not understand the express-durability requirement - Out-of-state relocators with POAs from default-durable states that may not work cleanly in Michigan
Michigan's express-durability requirement is one of the more traditional approaches to POA law. Compliance with the requirement produces a fully effective document; failure to include durability language produces a POA that fails at the moment it is most needed.