HB 4597 Summary

• Adopts the Uniform Power of Attorney Act to establish comprehensive rules governing powers of attorney in Michigan, replacing prior limited provisions in the estates and protected individuals code.

• Requires powers of attorney executed after the effective date to be signed by the principal or another person directed by the principal, and to be either notarized or witnessed by two witnesses to be considered "durable" (continuing during principal's incapacity).

• Establishes fiduciary duties for agents including acting in the principal's best interest, maintaining records, disclosing their agent status, and prohibits certain powers (creating trusts, making gifts, changing beneficiaries) unless expressly authorized.

• Provides statutory forms and optional templates for powers of attorney, agent acknowledgments, and certifications to standardize practice and clarify agent duties and limitations.

• Requires persons accepting acknowledged powers of attorney to do so within 7 business days without demanding additional forms, establishes liability for agents violating the act, and repeals prior Michigan power of attorney provisions effective July 1, 2024.