No one wants to think about losing the ability to manage their own affairs. But for Livingston County families with aging parents, the question isn’t whether to plan for that possibility—it’s whether you’ll plan before it’s too late.

A power of attorney is one of the most important documents an elder can sign. With it, a trusted person can pay bills, manage investments, and make medical decisions if you can’t. Without it, your family may face expensive court proceedings just to help you.

Michigan’s power of attorney laws changed significantly in 2024, making this a perfect time for Livingston County seniors to understand their options. Here’s what you need to know about financial and healthcare powers of attorney—and why getting them right matters so much.

Understanding the Types of Powers of Attorney

Financial Power of Attorney (Under Michigan’s New UPOAA)

A financial power of attorney allows someone you trust—called your agent or attorney-in-fact—to handle money matters on your behalf. This includes:

• Banking and bill paying
• Managing investments
• Handling real estate transactions
• Filing taxes
• Dealing with government benefits

Michigan adopted the Uniform Power of Attorney Act (UPOAA) effective July 1, 2024, under MCL 556.201 et seq.. This law changed how financial powers of attorney work in important ways.

“Under Michigan’s new UPOAA, a properly executed financial power of attorney is automatically durable—meaning it stays effective even if you become incapacitated. You no longer need special language to make it durable.”

This automatic durability is crucial for elder planning. The whole point of a POA is having someone who can act when you can’t. Under the old law, if your document didn’t include specific durability language, it might become useless exactly when you needed it most.

Healthcare Power of Attorney (Patient Advocate Designation)

A healthcare power of attorney—called a Patient Advocate Designation in Michigan—is completely separate from a financial POA. It authorizes someone to make medical decisions when you cannot participate in your own care.

Key features of Michigan’s Patient Advocate Designation:

• Becomes effective only when you cannot make your own medical decisions
• Your patient advocate must accept the role in writing
• Should include your specific treatment preferences (life support, pain management, etc.)
• Governed by MCL 700.5506-700.5515, not the UPOAA

You need both documents. A financial POA doesn’t give anyone authority over medical decisions. A healthcare POA doesn’t let anyone access your bank accounts. Livingston County seniors need both to be fully protected.

Limited vs. General Powers of Attorney

Powers of attorney can be broad or narrow:

• General POA: Gives your agent broad authority over most financial matters—common for comprehensive elder planning
• Limited/Special POA: Authorizes your agent for specific tasks only (one real estate sale, one bank account)

For most Livingston County elders, a general durable financial POA combined with a Patient Advocate Designation provides the protection needed.

How to Properly Execute a Power of Attorney in Michigan

A power of attorney is only as good as its execution. Get the formalities wrong, and the document may be worthless when you need it.

Financial POA Requirements Under the UPOAA

To create a valid, durable financial power of attorney in Michigan:

• The principal (person granting power) must be at least 18 years old
• The principal must have legal capacity—understanding what they’re signing and its consequences
• The document must be signed by the principal
• The signature must be either:
  • Acknowledged before a notary public, OR
  • Made in the presence of two witnesses

That’s it. No magic language required. If you follow these steps, your POA is automatically durable under the new law.

Healthcare POA / Patient Advocate Designation Requirements

The Patient Advocate Designation has different requirements:

• Must be signed by the principal
• Must be witnessed by two adults
• Your designated patient advocate must sign an acceptance agreeing to serve

Different forms exist—hospital forms, attorney-drafted forms, statutory forms—but all must meet these basic requirements.

Why Professional Drafting Matters

Problem: A Livingston County family used an online form for their father’s power of attorney. When he developed dementia, they discovered the document didn’t include authority for the specific transactions they needed—and couldn’t be fixed because he no longer had capacity to sign a new one.

Why it matters: Generic forms often lack provisions for real-world situations: gifting for Medicaid planning, changing beneficiary designations, managing business interests, or handling digital assets.

Michigan law context: The UPOAA allows principals to customize agent authority extensively—but only if the document addresses those powers specifically.

Solution: Work with a Michigan elder law attorney who understands what authority agents typically need and can draft documents accordingly.

Next step: Have existing POAs reviewed to ensure they include necessary powers and meet current UPOAA requirements.

Choosing the Right Agent

The person you name as agent will have significant power over your finances or healthcare. Choose carefully.

What to Look For

A good agent is:

• Trustworthy: They’ll have access to your money and personal information
• Organized: Managing someone else’s affairs requires attention to detail
• Available: They need time to handle responsibilities when needed
• Willing: Being named agent means nothing if they won’t serve

Red Flags to Avoid

• History of poor financial decisions or significant personal debt
• Conflicts of interest (someone who might benefit from your incapacity)
• Strained relationships that could affect judgment
• Geographic distance that makes practical management difficult

“Many Livingston County families default to naming the oldest child as agent. But birth order doesn’t determine competence. The most organized, financially responsible child—regardless of age—is usually the better choice.”

Agent Duties Under the UPOAA

Michigan’s new law imposes clear fiduciary duties on agents:

• Act in the principal’s best interests
• Keep accurate records of all transactions
• Avoid self-dealing unless specifically authorized
• Follow the principal’s reasonable expectations and known wishes
• Keep the principal’s property separate from the agent’s own

The UPOAA includes protections against abuse and fraud. Agents who violate their duties can face legal consequences.

Naming Backups

What happens if your agent can’t serve? They might predecease you, become incapacitated themselves, or simply decline when the time comes.

The UPOAA specifically addresses successor agents. Most Livingston County elders should name at least one backup agent to ensure continuity if the primary agent becomes unavailable.

Revoking and Updating Powers of Attorney

Powers of attorney aren’t permanent. Circumstances change, and documents should change with them.

Revoking a Financial POA

A principal with capacity can revoke a financial POA at any time by:

1. Signing a written revocation
2. Notifying the current agent
3. Notifying any third parties (banks, financial institutions) relying on the old POA
4. Executing a new POA that expressly revokes prior documents

Simply creating a new POA isn’t enough. Banks may continue honoring the old document unless you formally notify them of the revocation.

Revoking a Healthcare POA

Michigan allows revocation of a Patient Advocate Designation:

• In writing, or
• Orally, in the presence of witnesses or healthcare providers (depending on circumstances)

Always notify your healthcare providers when you change patient advocate designations.

When to Update

Livingston County elders should review their powers of attorney:

• After marriage, divorce, or death of a spouse
• After death or incapacity of a named agent
• After significant changes in assets or health
• When moving to or from Michigan
• Every 3-5 years as a general “tune-up”

Special Note for Pre-2024 Documents

If you signed powers of attorney before July 1, 2024, they may still be valid—but they were drafted under old rules. Having them reviewed ensures they:

• Take advantage of UPOAA’s new protections
• Include authority for situations the old forms didn’t anticipate
• Meet current institutional acceptance standards (some banks are picky about older documents)

Livingston County Notary Information and Local Resources

Getting Documents Notarized

For financial POAs, notarization is one way to meet UPOAA execution requirements. Livingston County residents have several options:

• Local attorney offices: Many elder law firms in Howell and Brighton provide notary services during POA signings
• Banks and shipping stores: Offer notary services, though they may not understand POA-specific requirements
• Mobile notaries: Can come to homes or care facilities for seniors with mobility limitations

Practical Tips for Elder Signings

When signing POAs for an elderly family member:

• Choose accessible locations: The signer’s home, a care facility, or an attorney’s office
• Ensure valid identification: Driver’s license or state ID must be current
• Watch for capacity concerns: The notary and attorney must confirm the elder understands what they’re signing
• Look for undue influence: Elders should sign voluntarily, not under pressure from family members

What Notaries Cannot Do

Notaries verify identity and witness signatures. They do not:

• Provide legal advice
• Explain what POA provisions mean
• Determine whether the document meets your needs

That’s why working with an attorney—not just a notary—matters for elder POA planning.

Livingston County Probate Court

If no valid POA exists when an elder becomes incapacitated, family members may need to petition Livingston County Probate Court for guardianship (personal decisions) or conservatorship (financial decisions). This process is:

• More expensive than POA planning ($5,000-$10,000+ for guardianship proceedings)
• More time-consuming (weeks to months)
• More public (court filings are generally accessible)
• Subject to ongoing court oversight

A well-drafted durable POA and Patient Advocate Designation can often avoid this entirely.

What POA Planning Costs

Typical Fee Ranges

Professional POA planning in Michigan generally costs:

• Basic POA documents only: $500-$1,000
• Comprehensive elder law package (POAs, healthcare directives, and related documents): $1,500-$2,500
• Full estate plan with POAs: $3,500-$6,500 depending on complexity

Compare that to guardianship proceedings ($5,000-$10,000+) or the cost of frozen accounts and inaccessible finances during a family crisis.

Frequently Asked Questions About Powers of Attorney

What does “durable” mean for a Michigan power of attorney?

A durable POA remains effective even if the principal becomes incapacitated. Under Michigan’s UPOAA (effective July 1, 2024), financial powers of attorney executed with proper formalities are automatically durable unless the document states otherwise. This is critical for elder planning—the POA works precisely when you need it most.

Are my old powers of attorney still valid after Michigan’s 2024 law changes?

Most properly executed pre-UPOAA powers of attorney remain valid. However, they may not include modern provisions or take advantage of new protections. Livingston County elders with older documents should have them reviewed to ensure they still meet current needs and institutional acceptance standards.

Do I need separate documents for finances and healthcare?

Yes. Financial POAs and healthcare POAs (Patient Advocate Designations) are separate documents under Michigan law, governed by different statutes. You need both to ensure trusted individuals can handle money matters and medical decisions without court involvement.

If I have a POA, will my family still need guardianship?

Usually not—that’s the point. A well-drafted durable financial POA and Patient Advocate Designation can typically avoid guardianship and conservatorship proceedings. However, if POAs are missing, invalid, or being abused, Livingston County Probate Court can still appoint a guardian or conservator to protect the elder.

Can I name co-agents or backup agents?

Yes. The UPOAA specifically addresses co-agents (two people acting together) and successor agents (backups if the primary can’t serve). Many elders name one primary agent with one or more successors to ensure continuity and reduce conflict.

Protect Yourself Before It’s Too Late

Powers of attorney are documents you sign while you’re healthy—so they’re available when you’re not. Once incapacity strikes, it’s too late.

At Boroja, Bernier & Associates, we help Livingston County and Southeast Michigan seniors create powers of attorney that actually work when needed. Our attorneys understand Michigan’s new UPOAA requirements and draft documents that financial institutions accept without hassle.

With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we serve families throughout Macomb County, Oakland County, Wayne County, Livingston County, and Southeast Michigan.

To schedule a consultation with the Michigan elder law attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. Don’t wait until a crisis forces your family into court.