A “Durable Power of Attorney” (or DPA) form is one of the legal forms in the US that regulates the relations between a person and his or her agent in critical situations. For instance, if a person (or a principal) is in a coma due to a disease or accident, or had a stroke, or diagnosed with dementia, the DPA form lets an agent act on behalf of the principal.
The word “durable” is used in the form’s official name because the DPA form will remain the same for a long period; it becomes ineffective if the principal is dead or has decided to call it off. To create a new form, a person has to revoke the previous DPA form first.
One should know that people in the US create and sign the durable power of attorney form to give the right of managing their finances and properties to someone. If you need to prepare such a form related to medical care and physical conditions, you should sign another form where you assign your medical care representative.
Michigan power of attorney forms – this section will let you know more about some other powers of attorney you can use in Michigan.
With the DPA form, one may legally state his will about important things and assign a reliable person to act in various cases. There are two ways of choosing a person who will become your attorney: you may pick someone among your relatives or close people (without any limits: a spouse, a family member, or someone else) or hire a specialist (an agent).
When a group of people is signing the DPA form, every member has to be in a sound mind, which is usually prescribed by law. Most likely, you will have to notarize the form: the majority of states ask for it. Some states require signing from a witness (or witnesses) as well.
As stated in section 700.5501 of the Michigan state law, signing a form should be accompanied by a notary and two witnesses.
According to M.C.L 700.5504, in case of your death, an agent, who acts on your behalf conscientiously and has got no information about your death, has full power to continue to act. The DPA does not lose its legal force.
As it is stated in M.C.L 700.5503, if you have a trustee, then this person also has the same rights as you have to nullify the DPA or change some points in it.
According to M.C.L 700.5502, if you get some serious health problems and want to have an agent, the DPA will have the same legal force as if you were healthy. It also means that in both cases, the agent can act on your behalf in financial matters.
You can rewrite DPA at any time you want, but it’s important to notify your immediate surroundings about your new decision. After creating a new DPA or your death, the agent loses his power to make decisions for you.
The form is brief and should not take long; it consists of seven pages only. While creating a DPA form in Michigan, you will see a section with a list of actions and properties that your agent or attorney will be able to do. You may opt for several or all of them. This list includes various points:
And other powers that your chosen agent can be responsible for. So, before signing the form, please ensure that you have analyzed all of the points and have chosen the most relevant for you.
To create a form in Michigan, do not forget to print out three copies of the document as recommended, choose a person that you can trust all your properties, and call a notary. The form is simple and contains only seven pages.
If you have questions and are afraid of making mistakes in the Michigan DPA form, you may use our guide with the instructions for completing the form step by step.
To start, you have to download the template of the DPA form. You may use our form building software to simplify the process. In the first line, you should insert the name of the country where the procedure takes place.
In Michigan, the DPA form starts with inserting a principal’s name and address (mailing and physical) and an agent’s name and address (mailing and physical). Firstly, place your name, address, and state, then add the agent’s or attorney’s details in the relevant lines.
Here, you should choose the effective date of your DPA form. In Michigan, you may opt for the form effectiveness from the moment of signing or from the day when your physician determines your incapability.
In this section, you have to choose what to delegate to your agent or attorney. In Michigan, the list of financial matters in the DPA form consists of:
Every item of the list has a brief description to ensure that the principal understands what he or she is signing and delegating. To choose the financial matter, place your initials in the blank field on the left-hand side. If you want, you may opt for all of the items.
In the lines of this section, you may add some special instructions regarding the chosen financial matters. Those instructions may limit or increase your attorney’s powers. If you have nothing to write in this field, insert the word “None.”
The text below the “Special Instructions” section includes some rules that are applicable to this DPA form in Michigan. As a principal, you have to read them thoroughly and accept them. If something is still not clear, you may consult your lawyer.
After reading and understanding the notice, you should sign the DPA form and add a relevant date.
Under the principal’s signature, two witnesses should leave their signatures and addresses. Remember that your witness cannot be your agent.
After both witnesses have signed the DPA form, a notary should verify the document by signing, adding a signing date, and putting a seal (if applicable).
The last page of the DPA form in Michigan is for the agent’s acceptance of the appointment. Your agent (or attorney) should accept all the financial matters you are delegating, insert his or her name, and sign the DPA form. This signature is also serving as a specimen.
When your agent has accepted and signed the DPA form, a notary should verify his or her signature and sign the document one more time.