01
Durable Financial Powers of Attorney (UPOAA)
Granting immediate or springing fiduciary authority over banking, tax filings, investments, real estate closings, and personal obligations without probate conservatorship.
Michigan Powers of Attorney for Financial, Business & Medical Continuity.
Enforceable durable financial powers of attorney and patient advocate designations drafted under Michigan's Uniform Power of Attorney Act so trusted agents can act without court intervention.
Incapacity & Fiduciary Authority ยท Lead Counsel: Reese Serra (P74482), Matt Wozniak, JD / CPA
Practice FocusPowers of Attorney
Lead AttorneysReese Serra (P74482) & Matt Wozniak, JD / CPA
Controlling LawMichigan UPOAA (MCL 556.201) & EPIC
Headquarters125 E. 3rd St, Suite 100, Rochester, MI
How did Michigan's Uniform Power of Attorney Act change financial powers of attorney?
Effective July 1, 2024, Michigan's Uniform Power of Attorney Act (MCL 556.201 et seq.) modernized how financial powers of attorney are executed, presumed durable, and honored across the state. When a financial power of attorney is properly acknowledged before a notary under the Act, banks, brokerages, and title companies face statutory liability if they arbitrarily refuse an agent's valid authority, preventing costly delays during a medical or travel emergency.
Core legal counsel for powers of attorney.
Drafting precision, JD/CPA tax coordination, corporate entity alignment, and courtroom enforcement from our downtown Rochester team.
Draft Financial POA →
02
Patient Advocate Designations (Medical POA)
Appointing primary and successor healthcare advocates under MCL 700.5506 with clear life-support instructions, mental health care authority, and federal HIPAA releases.
03
Business Owner & LLC Incapacity Continuity
Aligning personal powers of attorney with LLC operating agreements, corporate bylaws, and commercial lending resolutions so payroll and contracts never freeze.
Controlling Michigan statutes & rules.
Every instrument, conveyance, and fiduciary appointment is drafted strictly to current Michigan statutory standards and federal tax authorities.
Michigan Statutory Authority 01
Michigan Uniform Power of Attorney Act / UPOAA (MCL 556.201 et seq.): Governing automatic durability when properly executed, notarized acknowledgement protections, and Express Grant powers.
Michigan Statutory Authority 02
Michigan Patient Advocate Designation Statute (MCL 700.5506 to 700.5515): Establishing two-witness execution rules, written advocate acceptance, and two-physician incapacity standards.
Michigan Statutory Authority 03
HIPAA Privacy Rule Authorization (45 C.F.R. 164.508): Ensuring designated spouses, adult children, and fiduciaries can speak directly with physicians and obtain medical records.
Michigan Statutory Authority 04
Probate Conservatorship & Guardianship Avoidance (MCL 700.5401): Preventing public, court-supervised living-probate petitions through proactive lifetime delegations.
Principal counsel at the table.
Work directly with senior Michigan attorneys who unite private-client estate architecture, CPA tax fluency, commercial real estate closings, and trial advocacy.
Founding Attorney & Managing Member ยท Bar P74482Reese SerraSenior Litigation & Trial CounselBrian D. HarrisonAttorney & Certified Public Accountant (JD / CPA)Matt Wozniak
Remember: Every Power of Attorney Ends at Death
Because an agent's authority under a Power of Attorney terminates immediately upon the principal's passing, pairing your POAs with a funded Michigan Revocable Living Trust and Pour-Over Will ensures unbroken post-death administration.
Frequently asked questions: Powers of Attorney
Clear answers to the statutory, tax, and practical questions Michigan families and business owners ask most often.
What happens if a Michigan adult or business owner becomes incapacitated without a Power of Attorney?
Neither a spouse nor a business co-owner has automatic legal authority to sign on individually held accounts, tax returns, or real estate deeds. Without valid powers of attorney, loved ones must petition the county probate court for a public guardianship and conservatorship.
Should a Financial Power of Attorney be effective immediately or only upon incapacity?
Immediate durable powers allow a trusted spouse or fiduciary to act right away without waiting for two physicians to sign formal incapacity certificates, while springing powers delay authority until written clinical certification. We structure the effective trigger around your preferences.
Why should Financial and Medical Powers of Attorney be separate documents in Michigan?
Financial powers are governed by the Uniform Power of Attorney Act (MCL 556.201), while healthcare decisions are governed by EPIC Patient Advocate rules (MCL 700.5506), which impose strict witness disqualifications. Separate instruments keep private medical directives away from bankers and ensure full hospital compliance.
Can an agent under a general POA amend my trust or make family gifts?
Not automatically. Under MCL 556.301, sensitive actions such as creating or amending a trust, making gifts, or changing beneficiary designations require specific, express authorization inside the instrument.