Michigan Limited (Special) Power of Attorney Form
Comprised of specific terms that limit an Attorney in Fact’s ability to act on the Principal’s behalf, the Michigan Limited (Special) Power of Attorney is one of the major types of Power of Attorney available. Although a Power of Attorney with broader terms may suit some people’s needs, anyone looking to narrow the scope of an Attorney in Fact’s powers will find this legal form to be suffice. For instance, if a Principal wants their Attorney in Fact to collect rental payments on their behalf, but does not wish for them to use their decision making powers to handle any other financial matters, they can specifically state so in this legal contract.
State Laws & Signing Requirements
State Laws – Estates and Protected Individuals Code
Signing Requirements – Limited Power of Attorney contracts that are durable in type (i.e. will continue as per usual upon the Principal’s incapacity) are bound by the signing requirements outlined in § 700-5501. These requirements that state that the Principal must sign their name in the view of either a) two (2) witnesses or b) a Notary Public.
On the other hand, Limited Power of Attorney contracts created in Michigan that are general in type (i.e. will terminate upon the Principal’s incapacity) may be executed without being notarized or witnessed. That being said, the Principal is strongly recommended to also uphold the signing requirements noted above for a Durable Power of Attorney.