Michigan Uniform Power of Attorney Act (UPOAA)
The new Michigan Uniform Power of Attorney Act (UPOAA) (November 2023) took effect July 1, 2024, replacing the previous power of attorney provisions in Michigan’s Estates and Protected Individuals Code (EPIC).
Join Howard H. Collens of Collens Estate law for a FREE Zoom Webinar on the changes in powers and limitations that every caregiver should know.
Tuesday, January 14, 2025
2:00 PM
To register contact Joanna Dorfman at:
jdorfman@jslmi.org or call 248.661.6390 ext 1
In Partnership with The Dorothy and Peter Brown Jewish Community Adult Day Program
The Dorothy and Peter Brown Jewish Community Adult Day Program is hosting this free educational open house. This is the first in a series of 2025 educational events funded by the Dee dee and Michael Perlman Caregivers Fund. The program will also include information about patient advocate designations and a Q&A session.
- These events are open to persons of all faiths and beliefs
- No program participation required to attend
- Formatted for both family caregivers and professionals
The Brown Program offers dementia care services, including engaging activities and social interaction for individuals living with dementia, and resources and support for their family and caregivers. This event series is designed to provide additional education and resources to the caregiving community.
Key Highlights of the Michigan Uniform Power of Attorney Act (UPOAA)
- Powers of attorney are duly executed, witnessed, and notarized are durable
- Allows for multiple coagents who can act independently
- Permits “springing” powers that activate upon disability or a future date
- Powers of attorney terminate at death
- Financial institutions must accept valid powers of attorney using the statutory form (without requiring additional forms)
- Agents who embezzle are liable for triple the value taken
- Powers of attorney executed before July 1, 2024 remain valid if they meet previous requirements
- Includes a statutory form but legal counsel is still recommended
- Does not apply to Patient Advocate Designations (healthcare powers of attorney)
The new law provides much more detailed guidance than before, expanding from just 5 statutes under EPIC to 47 under UPOAA. Powers of attorney from other states are valid in Michigan if they complied with that state’s laws when executed.
What is a power of attorney?
A power of attorney is a flexible estate planning tool that can help you manage the financial decisions of a loved one who is no longer able to manage these affairs on their own.
The powers of this document can be very specific and limited, or broad and comprehensive. This is different from guardianship or conservatorship, where someone takes full control of affairs through a probate court process.
Why this Information is Important for Caregivers
Estate Planning
- Powers of attorney are an important, often necessary, component of comprehensive estate planning
- The new UPOAA (effective July 2024) affects how estate planning attorneys structure POAs within broader estate plans
- POAs work alongside wills, trusts, and other estate planning tools to provide wide-ranging protection
Elder Law Impact
- POAs are essential for aging adults who may need assistance with management of financial affairs
- The UPOAA’s clearer guidelines on agent authority benefit elderly principals who rely on POAs for financial management
- The new law affects how elder law attorneys structure POAs in conjunction with long-term care and Medicaid planning
- UPOAA is intended to reduce financial exploitation
Asset Protection Connection
- The UPOAA clarifies an agent’s powers regarding financial decisions and asset management
- Agents can now be explicitly authorized to manage tasks like trust creation/modification and beneficiary changes
- The law provides triple damages for agent embezzlement, offering stronger asset protection
Healthcare Interface
- The UPOAA specifically excludes Patient Advocate Designations (medical POAs)
- This separation clarifies the distinction between financial and medical decision-making authority
- Estate planning now requires coordination between financial POAs under UPOAA and separate medical directives
This new law creates a significant change in how Michigan attorneys structure and implement POAs within comprehensive estate and elder care plans. The information from this webinar can help you and your attorney create more effective legal protections for your loved one.
Not sure how this applies to you?
At Collens Estate Law, we’ve guided metro Detroit area clients through power of attorney decisions since 1994. Our estate planning attorneys are experienced in Wayne, Oakland, Macomb, Livingston, Monroe, Washtenaw, and St. Clair counties and work with clients throughout all of Michigan.
Howard H. Collens and his team provide comprehensive estate planning, contested and uncontested probate and trust administration, probate and estate litigation, guardianships and conservatorships, and elder law.
Services focusing on protecting assets, ensuring clients’ wishes are carried out effectively.
- Creating and updating wills and trusts (both revocable and irrevocable)
- Establishing powers of attorney and patient advocate designations
- Business succession planning
- Special needs planning
- Digital asset management
- Tax planning strategies
We emphasize personalized service, helping clients avoid common estate planning mistakes like outdated documents and inadequate coverage. We welcome working with other professionals (financial advisors, tax professionals, insurance specialists) when needed to create detailed estate plans that can change with your loved one’s circumstances and legal requirements.
Need help setting up a power of attorney? Contact Howard H. Collens at (248) 970-9570 for a free consultation.