Power of Attorney Services for Financial & Legal Decision-Making

A power of attorney (POA) is a legal document that appoints an agent (also called an attorney-in-fact) to make decisions on your behalf. These decisions can be about finances, property, legal matters, or business operations. In Michigan, a POA can be drafted to take effect immediately or only when you become incapacitated (a “springing” power). 

Key reasons to create a POA include:

• Avoiding the need for a conservatorship or guardianship if you become unable to act.
• Ensuring your finances, real estate and legal matters are managed by someone you trust.
• Giving clear instructions now so your family can avoid delays, confusion or conflict later.

We help you understand which powers to grant — for instance, real estate transfers, business operations, gift making, tax filings, or managing your retirement accounts — and how to clearly limit or open those powers depending on your goals.

Selecting the right person to serve as your agent is one of the most critical decisions in creating a POA. The agent must be someone you trust, who understands your values, is willing to act, and is capable of carrying out the role with care. Michigan law requires the agent to sign an acknowledgment of their responsibilities. 

When structuring the authority granted in your POA, consider:

• General vs. specific powers: You may grant broad authority (e.g., “all financial matters”) or limit the authority to specific tasks (e.g., pay bills or manage real estate).
• Durable vs. springing effect: A durable POA remains effective even if you become incapacitated; a springing POA becomes effective only upon a future event. In Michigan durable powers are commonly used. 
• Successor agents: Naming one or more backup agents ensures someone can act if your primary agent is unable or unwilling.
• Gifts and trust-making authority: If you permit gifting or changing beneficiary designations, you must explicitly grant those powers — the law requires it.
• Limitations and instructions: You might specify that the agent only act in certain ways, or you may add guidance on how powers should be used to align with your values.

At Mihelich & Kavanaugh, PLC, we help you walk through these decisions, evaluate potential agents, draft your POA language, and ensure every major choice aligns with your broader estate plan.

In Michigan, the validity of a POA depends on specific execution and wording requirements. Understanding these rules is key to ensuring the agent’s actions will be accepted by banks, institutions, and other third parties when the time comes. 

Important legal requirements include:

• The principal (you) must be at least 18 years old and mentally competent when signing the document.
• The document must be signed either in front of a notary public or two disinterested adult witnesses (neither can be your agent). Notarization is strongly recommended.
• The agent must sign an acknowledgment of their responsibilities (in many cases) before acting.
• If the agent is given authority over real estate transactions, you may need to file a copy with the county Register of Deeds.
• Proper storage and distribution of the original and copies: Ensure your agent and relevant institutions have access when needed.

We draft execution instructions, help you understand which powers you should grant now versus later, and verify your document meets Michigan’s Uniform Power of Attorney Act standards.

Our attorneys at Mihelich & Kavanaugh, PLC, offer a clear and supportive process for creating or reviewing your POA:

1. Initial consultation – We discuss your family, finances, assets, potential risks, and your choices for an agent and backup agent.
2. Tailored document drafting – We prepare a POA customized to your situation, clearly outlining which powers you grant, to whom, and under what circumstances.
3. Review and execution support – We explain Michigan’s legal requirements, assist with notarization or witness coordination, and ensure your document is signed properly and stored securely.
4. Integration with your estate plan – We ensure your POA dovetails with your will, trusts, healthcare directives, and long-term planning.
5. Updates & modifications – Life changes—marriage, divorce, new business, relocation—may require modifications. We assist with updating your POA to reflect your current goals and circumstances.

By taking these steps, you ensure your legal affairs are prepared well before any crisis and give your loved ones a clear path forward.

Being proactive about your legal and financial protection is one of the most meaningful decisions you can make for your family. At Mihelich & Kavanaugh, PLC, our attorneys help you create or update a power of attorney that protects your interests, grants clear authority to someone you trust, and supports your overall estate-planning goals.

Call our office today or fill out our secure online form to schedule a consultation. Let us help you plan confidently, protect your legacy, and ensure your affairs are managed by the person you choose—under the terms you set.