Bill Text: MI HB6524 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Probate; powers of attorney; durable power of attorney; establish execution requirements. Amends sec. 5501 of 1998 PA 386 (MCL 700.5501).

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-10-06 - Printed Bill Filed 09/30/2010 [HB6524 Detail]

Download: Michigan-2009-HB6524-Introduced.html

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HOUSE BILL No. 6524

 

September 29, 2010, Introduced by Reps. Schuitmaker and Meekhof and referred to the Committee on Judiciary.

 

     A bill to amend 1998 PA 386, entitled

 

"Estates and protected individuals code,"

 

by amending section 5501 (MCL 700.5501).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5501. (1) A durable power of attorney is a power of

 

attorney by which a principal designates another as the principal's

 

attorney in fact in writing and the writing contains the words

 

"This power of attorney is not affected by the principal's

 

subsequent disability or incapacity, or by the lapse of time", or

 

"This power of attorney is effective upon the disability or

 

incapacity of the principal", or similar words showing the

 

principal's intent that the authority conferred is exercisable

 

notwithstanding the principal's subsequent disability or incapacity

 

and, unless the power states a termination time, notwithstanding

 

the lapse of time since the execution of the instrument.

 

     (2) A durable power of attorney must be signed by the

 

principal, dated, and signed by 2 individuals who witness the

 

principal sign the durable power of attorney.