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File a Copy With the Register of Deeds 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.
You can cancel (revoke) your durable power of attorney, but only when you are able (competent). You must sign a written document that says the durable power of attorney is revoked. You should sign the document in front of a notary public or two witnesses, but that is not required.
Those powers which must be expressly granted in the power of attorney instrument include the authority to: (i) Create, amend, revoke or terminate an inter vivos trust; (ii) Make a gift; (iii) Create or change rights of survivorship; (iv) Create or change a beneficiary designation; (v) Delegate authority under the power ...
The durable power of attorney must either be notarized (in practice this is preferred) or witnessed by two persons who are not the agent (the person who may act for the principal). The witnesses must also sign the power of attorney.
A Guardianship is started by filing a petition with the Probate Court. You can obtain this form from the Probate Court office. This form is also available online. Try to include as much information as possible in the Petition to help the Judge understand why a guardian is necessary.
You must sign a written document that says the durable power of attorney is revoked. You should sign the document in front of a notary public or two witnesses, but that is not required. Deliver your signed document to your agent and to anyone with whom your agent is dealing (for example, your bank).
The person who signed the power of attorney form can revoke the agent's authority if they are of sound mind. They can draft a new document to take power of attorney away from one person and grant it to an alternate agent.
The type of Power of Attorney also impacts its duration: For instance, if a principal is diagnosed with dementia, the durable POA will remain in effect, allowing the agent to make decisions on their behalf. However, as with all POAs, it ceases to be effective upon the principal's death.