Michigan General Power of Attorney, also known as Form 11A, is a legal document that grants authority to an individual, referred to as the agent or attorney-in-fact, to act on behalf of another person, known as the principal, in various financial and legal matters. This power of attorney form comes in different versions, depending on whether it was created before or after the enactment of the 2005 Michigan Power of Attorney Act. The Michigan General Power of Attorney — Form 11— - Pre 2005 Act: Before the implementation of the 2005 Act, the Michigan General Power of Attorney provided individuals with the ability to appoint an agent to make decisions and handle affairs on their behalf. This pre-2005 Act form lacked the specific legal framework and protections incorporated in the later version. However, it was still recognized as a valid legal document when properly executed. The Michigan General Power of Attorney — Form 11— - Post 2005 Act: After the Michigan Power of Attorney Act came into effect in 2005, the Form 11A was revised to incorporate new legal provisions intended to safeguard the interests of both principals and agents. This updated version serves as a more structured and comprehensive document, providing specific powers and limitations to the agent to ensure transparency and protection for the principal. Key elements of the Michigan General Power of Attorney — Form 11— - Post 2005 Act may include: 1. Identifying Information: The form requires the principal's name, address, and contact details, along with the agent's information. 2. Powers Granted: The document clearly outlines the powers given to the agent, such as managing real estate, banking transactions, tax matters, insurance, and handling legal proceedings, among other financial matters. The principal can choose to grant specific or general powers to the agent. 3. Effective Date and Duration: The principal can specify when the power of attorney becomes effective and in what circumstances it will terminate, such as upon the principal's incapacitation or a specific date. 4. Successor Agents: The form allows the principal to appoint alternate or successor agents to act in case the primary agent is unable or unwilling to fulfill their duties. 5. Signature and Notarization: Both the principal and the agent must sign the document, and in some cases, it might require notarization for the power of attorney to be valid in certain transactions or institutions. It is essential to carefully consider the implications of granting a power of attorney and consult an attorney or legal professional to ensure compliance with Michigan state laws and protection of the principal's interests. The specific requirements and legal implications of the Michigan General Power of Attorney — Form 11— - Pre and Post 2005 Act may vary, so it is advisable to seek professional help in choosing the appropriate version based on individual circumstances.
Michigan General Power of Attorney - Form 11A - Pre and Post 2005 Act
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How to fill out Michigan General Power Of Attorney - Form 11A - Pre And Post 2005 Act?
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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.
The cost of hiring a legal provider to make a Power of Attorney can total between $200 and $500, based on your location.
Use the Authorized Representative Declaration (Power of Attorney) (Form 151) to authorize the Michigan Department of Treasury (Treasury) to communicate with a named individual or entity acting on your behalf.
Steps for Making a Financial Power of Attorney in Michigan Create the POA Using a DIY program or an Attorney. ... Sign the POA in the Presence of a Notary Public or Two Witnesses. ... Store the Original POA in a Safe Place. ... Give a Copy to Your Attorney-in-Fact or Agent. ... File a Copy With the Register of Deeds.
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.
Power of Attorney after the principal's death: Once the principal passes away, the POA generally becomes null and void. The agent does not have the power to handle the deceased's 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.