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Michigan’s Uniform Power of Attorney Act Goes into Effect Today

July 1, 2024

The Uniform Power of Attorney Act (“UPOAA”) was signed into law by Michigan Governor Gretchen Whitmer on November 7, 2023. Taking effect on July 1, 2024, the UPOAA repeals and replaces the durable power of attorney provisions in the Estates and Protected Individuals Code (“EPIC”), MCL 700.5501-5505. Michigan now joins 30 other states and the District of Columbia in adopting a version of this unified framework.   

In general, the UPOAA provides significantly more guidance on the procedures, powers and limitations applicable to financial powers of attorneys in Michigan. The UPOAA contains 47 separate statutes all relating to financial powers of attorney, whereas EPIC only contained five.

The following are some of the more pertinent provisions contained in the UPOAA:

While the statutory form allows for easier access to creating a power of attorney, it is still important to consult with legal counsel when preparing this form because of the significant authority granted to an agent under a power of attorney.

If you have questions about this matter, please contact your Miller Canfield estate planning attorney or one of the authors of this alert.

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