MI HB5369

Amends the durable power of attorney definition to clarify that it remains effective despite the principal's disability, incapacity, or passage of time, using specific required language or similar words showing the principal's intent.

Requires an attorney-in-fact to execute an acknowledgment of responsibilities before exercising authority, containing substantive statements about fiduciary duties, restrictions on gifts and joint tenancies, and potential liability for breach of duty.

Restricts attorney-in-fact authority regarding digital property: prohibits exercising control over digital property, exercising rights in digital property, or changing governing instruments affecting digital property unless provided in the durable power of attorney or by judicial order.

Creates new section 5501a requiring digital custodians to provide access to digital property or copies of digital assets within 56 days of receiving a written request from an attorney-in-fact, with the request accompanied by a copy of the durable power of attorney granting such authority.

Exempts certain documents from the new requirements, including powers of attorney executed before October 1, 2012, health care designations, business/commercial powers, and powers created in loan agreements, partnership agreements, or government forms.