Michigan Laws 700.5505 – Proof of continuance of durable and other powers of attorney by affidavit
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(1) If an attorney in fact acts in good-faith reliance on a power of attorney, durable or otherwise, and executes a sworn statement stating that, at the time of the action, the attorney in fact did not have actual knowledge of the principal’s death, disability, or incapacity or of the power’s termination by revocation, the sworn statement is, in the absence of fraud, conclusive proof of the power’s nontermination or nonrevocation.
(2) If the exercise of the power of attorney requires execution and delivery of an instrument that is recordable, the sworn statement when authenticated for record is also recordable.
Terms Used In Michigan Laws 700.5505
- Attorney: means , if appointed to represent a child under the provisions referenced in section 5213, an attorney serving as the child's legal advocate in the manner defined and described in section 13a of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A. See Michigan Laws 700.1103
- Disability: means cause for a protective order as described in section 5401. See Michigan Laws 700.1103
- Fraud: Intentional deception resulting in injury to another.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(3) This section does not affect a provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal’s capacity.