Powers of Attorney in Rochester Hills

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With over 40 years of combined experience, our attorneys at Little & Boylan PLLC have the breadth of knowledge and skill to represent you in your legal matters. Especially when you seek to pursue something as important as a power of attorney, you should put a professional on your side. To learn more about powers of attorney in Michigan and how an attorney might help, consult our firm at Little & Boylan PLLC.

What Is a Power of Attorney?

A power of attorney is a document that allows an individual to give someone else (called an agent) the authority to manage their financial affairs. An agent can be any adult or a bank that the person trusts. More than one agent can be named to act at the same time, but the person must specify whether the agents will act separately or as one. An agent can:

• sign the individual’s checks;
• make deposits for them;
• pay their bills;
• contract for medical or other professional services;
• sell their property;
• get insurance for them;
• manage their everyday affairs.

A person can give their agent authority to do anything they could do, or they can limit the agent's authority to only certain things, such as homeownership matters. The agent must follow all of the person’s instructions and act in their best interest. The agent will appropriately keep receipts and accurate records about relevant assets and note the actions done on the individual’s behalf if they seek to be informed.

Note that a power of attorney is either durable or non-durable. A durable power of attorney remains in effect when a person is unable to make their own financial decisions (they are no longer competent). On the other hand, a non-durable power of attorney terminates the moment the principal becomes disabled or incapacitated. However, note that with both durable and non-durable powers of attorney, the agency relationship is not revoked or terminated until the attorney-in-fact has actual knowledge of the principal’s death.

A durable power may express an individual’s intent to make the power of attorney effective immediately or upon the person’s disability or incapacity. Note that individuals should also explain in the document how they would like their disability or incapacity determined.

A person can cancel or revoke a durable power of attorney, but only when they are able (competent). The individual must sign a written document that says the durable power of attorney is revoked and deliver the signed document to their agent and to anyone with whom their agent is dealing.