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MI HB4644

Bill

Status

Passed

11/8/2023

Primary Sponsor

Kara Hope

Click for details

Origin

House of Representatives

102nd Legislature

AI Summary

  • Adopts the Uniform Power of Attorney Act to modernize Michigan's power of attorney law, effective July 1, 2024.

  • Establishes requirements for valid powers of attorney, including execution by the principal or someone directed by the principal, with durability achieved through notarization or witnessing by two non-agent witnesses.

  • Defines agent duties including acting in the principal's best interest, maintaining records, avoiding conflicts of interest, and executing an acknowledgment of duties before acting under a durable power.

  • Grants agents general authority over 13 subject areas (real property, financial accounts, businesses, retirement plans, taxes, gifts, etc.) when power of attorney incorporates those sections, with some powers requiring explicit authorization.

  • Provides statutory form templates for powers of attorney, agent acknowledgments, and certifications; establishes rules for acceptance of acknowledged powers and timelines for third parties to accept or request additional documentation (7 business days).

Legislative Description

Probate: powers of attorney; uniform power of attorney act; create. Creates new act & repeals secs. 5501 - 5505 of 1998 PA 386 (MCL 700.5501 - 700.5505). TIE BAR WITH: HB 4645'23, HB 4646'23

Probate: powers of attorney

Last Action

Assigned Pa 187'23

11/8/2023

Committee Referrals

Civil Rights, Judiciary, And Public Safety6/28/2023
Judiciary5/23/2023

Full Bill Text

No bill text available