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What if I do not have a Healthcare Power of Attorney? If you become incapacitated and a serious medical decision must be made, your family will have to go to the probate court and have the judge appoint a ?guardian.? This process can be expensive and can take time.
In order for a Lasting Power of Attorney to be valid and be used by the Attorney it must be registered.
If you granted the power to deal with real estate to your attorney-in-fact, you should also file a copy of your POA in the land records office (called the register of deeds in Michigan) in the county where you own real estate.
The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.
The durable power of attorney must be 1 or both of the following: (a) Signed in the presence of 2 witnesses, neither of whom is the attorney-in-fact, and both of whom also sign the durable power of attorney.