# How to Sign a Power of Attorney in Michigan

Source: https://legacylegalai.com/guides/how-to-sign-a-power-of-attorney-in-michigan

Banks and title companies scrutinize the signing block of a power of attorney before they honor it, and one with incomplete formalities can be turned away. Here is exactly what Michigan requires when you sign a power of attorney, and how to run the signing so it holds up.

**Self-help and legal-information notice:** Legacy Legal AI is not a law firm and does not provide legal advice. This article provides general information about Michigan law, not advice for your situation, and is not a substitute for the advice or services of a licensed Michigan attorney.

## What Michigan requires

Michigan law accepts more than one route when a power of attorney is signed: acknowledgment before a notary public, or signing in front of two witnesses who also sign, neither of whom is an agent named in the power. The power of attorney in your download is set up for acknowledgment before a notary public.

The two routes are not equally strong. MCL 556.205(5) denies a witnessed-but-unacknowledged power the presumption that your signature is genuine, and with it the MCL 556.220 protection against a bank or other third party declining to accept the power. Notarizing is the route this document is set up for, and one of your witnesses may also serve as the notary.

The notary confirms your identity and completes the acknowledgment block, so bring government photo ID.

Statutory detail: Michigan's Uniform Power of Attorney Act (2023 PA 187, MCL 556.201 to 556.505) took effect July 1, 2024 and repealed MCL 700.5501 to 700.5505. MCL 556.205 (pinned in docs/legal/sources/mi/) governs execution and draws a distinction the pack missed until the section text landed. To be EFFECTIVE the power must be signed by the principal, OR — if signed in the principal's conscious presence — by another individual the principal directed to sign the principal's name. To be DURABLE the two cases part company: a power the PRINCIPAL signed may be either acknowledged before a notary public or other individual authorized to take acknowledgments, OR signed in the presence of two witnesses who also sign; but a power signed by ANOTHER INDIVIDUAL for the principal must be witnessed by two witnesses under MCL 556.205(3), 'regardless of whether the power is acknowledged' — notarization alone will not make it durable. A witness may not be an agent nominated in the power (556.401's CAUTION spells out that this reaches the successor agent too, and it is a WITNESS-eligibility rule, not a limit on who may serve as agent), and one witness may also act as the notary. Separately, MCL 556.205(4) presumes a signature genuine when acknowledged before a notary, and MCL 556.205(5) denies that presumption to a power that is witnessed but NOT acknowledged — such a power is 'not acknowledged within the meaning of sections 119 and 120', so it also loses the MCL 556.220 protection against a third party declining to accept it. The practical advice the instructions give is therefore to do both where possible. The statutory form is at MCL 556.401 and grants authority by hand-initialing; a line left blank is not granted, and the 'All Preceding Subjects' line works regardless of whether any preceding subject was initialed. If the power is durable, MCL 556.213(2) requires the AGENT, before acting, to sign an acknowledgment of the agent's duties; MCL 556.402 supplies the template, which this document reproduces verbatim. It is the financial-POA analogue of the patient advocate acceptance at MCL 700.5507. Unless the Special Instructions say otherwise, executing this power of attorney does NOT revoke a prior one.

- Witnesses: none
- Notary: required

## Step-by-step signing checklist

Follow the steps in order, and sign nothing until everyone who needs to be present is in the room.

- Print and review the final PDF: Print the final version single-sided and read every page. Confirm the names, dates, and the people you appointed before anyone signs — a correction after signing means re-signing.
- Book a notary: Line up a notary public — banks, shipping stores, and mobile notaries all offer the service — and bring government photo ID. The notary must watch you sign or hear you acknowledge the signature as yours.
- Sign in front of everyone: Sign and date where the power of attorney indicates, with the notary watching. Do not sign ahead of time.
- Let the notary complete the acknowledgment: The notary fills in the acknowledgment or affidavit block, signs, applies the seal, and records the signing in the notary journal.
- Store the original and hand out copies: Keep the signed original somewhere safe and fireproof, tell the people you appointed where it is, and give them copies. Never write changes on the signed original — sign a corrected version instead.

## Mistakes that undo a valid document

Most signing failures are procedural, not substantive — the document was fine and the ceremony was not.

- Signing before the witnesses or notary arrive, then asking them to sign later.
- Skipping a page, an initial line, or the date.
- Writing changes by hand on the signed original.
- Losing the original; a photocopy is often not enough.

## After signing

The original is the document. Store it where it will survive a fire and a move, and make sure the people you appointed can find it without you.

Revisit the power of attorney when your family, your finances, or the people you appointed change. A new version is signed the same way; the old one should be destroyed once the new one is complete.

## Steps

1. **Print and review the final PDF**: Print the final version single-sided and read every page. Confirm the names, dates, and the people you appointed before anyone signs — a correction after signing means re-signing.
2. **Book a notary**: Line up a notary public — banks, shipping stores, and mobile notaries all offer the service — and bring government photo ID. The notary must watch you sign or hear you acknowledge the signature as yours.
3. **Sign in front of everyone**: Sign and date where the power of attorney indicates, with the notary watching. Do not sign ahead of time.
4. **Let the notary complete the acknowledgment**: The notary fills in the acknowledgment or affidavit block, signs, applies the seal, and records the signing in the notary journal.
5. **Store the original and hand out copies**: Keep the signed original somewhere safe and fireproof, tell the people you appointed where it is, and give them copies. Never write changes on the signed original — sign a corrected version instead.

## Frequently asked questions

### How many witnesses does a Michigan power of attorney need?

None on the route your document uses — the signature is acknowledged before a notary instead. Michigan also accepts signing in front of two witnesses who also sign, neither of whom is an agent named in the power, and either satisfies the statute.

### Does a Michigan power of attorney have to be notarized?

Yes. The signature is acknowledged before a notary public. Michigan's Uniform Power of Attorney Act (2023 PA 187, MCL 556.201 to 556.505) took effect July 1, 2024 and repealed MCL 700.5501 to 700.5505. MCL 556.205 (pinned in docs/legal/sources/mi/) governs execution and draws a distinction the pack missed until the section text landed. To be EFFECTIVE the power must be signed by the principal, OR — if signed in the principal's conscious presence — by another individual the principal directed to sign the principal's name. To be DURABLE the two cases part company: a power the PRINCIPAL signed may be either acknowledged before a notary public or other individual authorized to take acknowledgments, OR signed in the presence of two witnesses who also sign; but a power signed by ANOTHER INDIVIDUAL for the principal must be witnessed by two witnesses under MCL 556.205(3), 'regardless of whether the power is acknowledged' — notarization alone will not make it durable. A witness may not be an agent nominated in the power (556.401's CAUTION spells out that this reaches the successor agent too, and it is a WITNESS-eligibility rule, not a limit on who may serve as agent), and one witness may also act as the notary. Separately, MCL 556.205(4) presumes a signature genuine when acknowledged before a notary, and MCL 556.205(5) denies that presumption to a power that is witnessed but NOT acknowledged — such a power is 'not acknowledged within the meaning of sections 119 and 120', so it also loses the MCL 556.220 protection against a third party declining to accept it. The practical advice the instructions give is therefore to do both where possible. The statutory form is at MCL 556.401 and grants authority by hand-initialing; a line left blank is not granted, and the 'All Preceding Subjects' line works regardless of whether any preceding subject was initialed. If the power is durable, MCL 556.213(2) requires the AGENT, before acting, to sign an acknowledgment of the agent's duties; MCL 556.402 supplies the template, which this document reproduces verbatim. It is the financial-POA analogue of the patient advocate acceptance at MCL 700.5507. Unless the Special Instructions say otherwise, executing this power of attorney does NOT revoke a prior one.

### What should I do with the signed original?

Keep it somewhere safe and fireproof, tell the people you appointed exactly where it is, and give them copies. If anything needs to change later, sign a corrected version rather than marking up the original.
