General Durable Power of Attorney

[TGwen]

What is the name of your state? Michigan

My Mother recently moved from Florida to Michigan. Her Power of Attorney forms for Finances and Medical were drafted in Florida. Do they need to be redone in Michigan?

 

[LdiJ]

What is the name of your state? Michigan

My Mother recently moved from Florida to Michigan. Her Power of Attorney forms for Finances and Medical were drafted in Florida. Do they need to be redone in Michigan?

No, there is no need for that. They still work just the same.

 

[HRZ]

Yes, but some of the states have updated the requirements and if it's an old out of state one it may be smart to check ( expect a modest bill ) if it meets local practical requirements. ...if the person loses competent powers to act and some bank or whatever balks on dpoa not meeting requirements then it may be darn hard to get a new one in place ...even if in theory original should be valid...DItto as to medical directives .

 

[TGwen]

Both were drafted in 2014. While comparing Florida to Michigan Forms, it looks like they are pretty much the same and require the same number of witness signatures. However, is the principal's change in address an issue?

 

[LdiJ]

Both were drafted in 2014. While comparing Florida to Michigan Forms, it looks like they are pretty much the same and require the same number of witness signatures. However, is the principal's change in address an issue?

No, its not.

 

[HRZ]

I agree.

 

[TGwen]

Thanks for your help!

 

[Whoops2u]

I'd still run it by a Michigan attorney. While there are some rights that can be conferred from a power of attorney valid in the state the principal is when made (full faith and credit clause), the whole point of a POA is to avoid problems and it is usually recommended to redo the POA in the state of residence. One issue that may arise is at http://www.legislature.mi.gov/(S(jwj0un45xcs1is4dib4edntz))/mileg.aspx?page=getobject&objectname=mcl-700-5501

Look to 700.5501(4)(a-h) for a form required to be signed by the attorney-in-fact. Do you have such a form in your POA package?

 

[TGwen]

Ok....yes, I did sign and have notorized the form for the attorney-in-fact on both finance and medical powers of attorney.

 

[Whoops2u]

Ok....yes, I did sign and have notorized the form for the attorney-in-fact on both finance and medical powers of attorney.

What do you mean by "the" form? The statute is pretty specific on what is required. Even though it says substantial compliance is the goal, when the statute give specific things to use, most find it better to use them.