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MI HB5188

Bill

Status

Introduced

7/14/2009

Primary Sponsor

Lesia Liss

Click for details

Origin

House of Representatives

95th Legislature

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary7/14/2009

Full Bill Text

No bill text available