This affidavit is for an attorney-in-fact to certify that the power of attorney under which he or she is operating has not been revoked and remains in full force. For all States except Florida, Georgia, Michigan, Ohio, South Carolina or Vermont.
Michigan Affidavit of Attorney-in-Fact that Power of Attorney in Full Force
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US-P098
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How to fill out Michigan Affidavit Of Attorney-in-Fact That Power Of Attorney In Full Force?
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FAQ
Generally, the document must be signed, witnessed and notarized by an adult. If your agent will have to deal with real estate assets, some states require you to put the document on file in the local land records office. The power of attorney for finances is typically extinguished upon death, revocation, or divorce.
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.
An attorney in fact is an agent who is authorized to act on behalf of another person but isn't necessarily authorized to practice law. An attorney at law is a lawyer who has been legally qualified to prosecute and defend actions before a court of law.
For example, if John Smith is signing on behalf of Jane Doe, the signature might read, John Smith, attorney in fact for Jane Doe or Jane Doe, signed by John Smith, attorney-in-fact. Attorneys in fact may only be used for acknowledgments.
An attorney in fact is an agent authorized to act on behalf of another person, but not necessarily authorized to practice law, e.g. a person authorized to act by a power of attorney.
The person named in a power of attorney to act on your behalf is commonly referred to as your "agent" or "attorney-in-fact." With a valid power of attorney, your agent can take any action permitted in the document.
If a person wants to authorise someone to act as a power of attorney on his behalf, it must be signed and notarised by a certified notary advocate, who is able to declare that you are competent at the time of signing the document to issue the said power of attorney.
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 general power of attorney grants the attorney-in-fact not only the right to conduct any business and sign any documents on behalf of the principal, but to make decisions, including financial decisions, on their behalf.
Under Michigan law, the principal must sign and date a durable power of attorney. Alternatively, a notary public can sign and date a POA authorized by the principal on their behalf. The power of attorney also requires the signatures of two witnesses, notarization, or both.
More info
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