![]() ![]() The law changes frequently and varies from state to state. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your state. Frequently, the question does not include important facts that, if known, could significantly change the answer. These responses should be considered general legal education and are intended to provide general information about the question asked. Even though you have a choice in Michigan, its. I am ethically required to state that the above answer does not create an attorney/client relationship. To make a POA in Michigan, you must sign in the presence either of (1) a notary public or (2) two witnesses. My practice is focused in the areas of estate planning and probate administration. I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. If you are in a lawsuit and need someone to act for you, you are almost certainly going to need to retain an attorney. It is unclear what you are trying to accomplish, here. Interestingly, the IRS form for a power of attorney to sign tax forms does not need to be witnessed or notarized. There are forms for financial transactions. There is a limited power of attorney for signing real estate forms. There are MANY different types of power of attorney form. The more formalities that are followed, the more likely that the forms will be acceptable. There is no requirement under current law that anyone accept a power of attorney form, in the first place. This has led to a situation where many companies (such as banks), use their OWN power of attorney forms, and they will often refuse to accept the forms that are otherwise provided to them. Currently, there are really no requirements. Michigan law in this area is in flux and it is VERY likely that within the next year or two, there will be a brand new statute on power of attorney forms and it will have a whole new set of requirements as to what must be there. ![]() In good practice, this is almost always done. In general, there is no legal requirement that a Power of Attorney form be witnessed and notarized. Section 105 of the current draft provides that a power of attorney under the act will be durable if it is “signed in the presence of 2 witnesses, neither of whom is an agent nominated in the power, both of whom also sign the power, and one of whom may be an individual who also acts, in the execution of the power, as a notary public or person authorized by law to take acknowledgments.” (Emphasis added.Your question is too broad to properly answer. The Probate and Estate Planning Council of the State Bar of Michigan is currently reviewing the Uniform Power of Attorney Act. The good news is that certainty may be on the way. This appears to leave wiggle room to allow a notary to witness and notarize the durable power of attorney because the notary would not be notarizing their own signature as a witness, just the principal’s signature. These requirements mandate that only the signature of the principal, not the witnesses, be notarized. (b) Acknowledged by the principal before a notary public, who endorses on the durable power of attorney a certificate of that acknowledgment and the true date of taking the acknowledgment. (a) Signed in the presence of 2 witnesses, neither of whom is the attorney-in-fact, and both of whom also sign the durable power of attorney. The requirements for the execution of a durable power of attorney, under MCL 700.5501(2), provide that the document must be one or both of the following: The Secretary of State seems to say no: “A Notary public may not be a signature witness and notarize the same document.” The Secretary of State relies on MCL 55.291, which sets forth prohibited conduct for notaries and includes “otarize his or her own signature.” MCL 55.291(2)(b). ![]()
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