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MI HB5188
Bill
Status
7/14/2009
Primary Sponsor
Lesia Liss
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AI Summary
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Requires a person designated as attorney in fact under a durable power of attorney to sign a written acceptance of the designation before exercising any authority.
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The written acceptance must acknowledge 11 specific obligations and rights, including acting in the principal's best interest, keeping the principal informed, and maintaining records of all transactions.
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Prohibits the attorney in fact from making gifts of the principal's property unless specifically authorized, and requires keeping principal's assets in separate accounts.
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Establishes that the attorney in fact must use the principal's property only for the principal's benefit, provide accounting upon request, and may be held financially responsible for unauthorized transactions.
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Allows the attorney in fact to hire professional advisors and receive reasonable compensation for services, subject to court scrutiny.
Legislative Description
Probate; powers of attorney; written acknowledgment of responsibilities by agent appointed under a power of attorney; require. Amends sec. 5501 of 1998 PA 386 (MCL 700.5501).
Probate, powers of attorney
Last Action
Re-referred To Committee On Judiciary
9/28/2010