Michigan Durable Power of Attorney Form

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The Michigan Durable Power of Form is an agreement used when the Principal wishes their Attorney-in-Fact to retain their powers even after the Principal has been incapacitated. This type of agreement is usually Springing, and will thus only take effect once the Principal has been incapacitated, although there can occasionally be exceptions.

Under Michigan state law, if the Principal and Attorney-in-Fact are spouses and get a divorce, the agreement is immediately terminated. If the Principal wants their former spouse to retain their powers, they will need to draft and sign a new agreement, although drafting a new Power of Attorney agreement after a divorce is usually advised.