Will the passage of time affect a power of attorney?

| Nov 20, 2015 | Powers Of Attorney |

Michigan residents often need to give legal power to another individual for a specific purpose. This is particularly true for individuals who have a disability. In some cases, people only need to do this for a short amount of time. In other situations, people may need help for the duration of the disability. Often, signing a power of attorney to another individual can help to alleviate the person’s struggles. With the power of attorney in place, an individual can rely on another to help make and execute important decisions.

However, there are times when a Michigan resident may want a power of attorney to end. Many Michigan residents may question whether or not a power of attorney will simply end after some designated period of time.

According to Michigan probate laws, the passage of time will not end a valid power of attorney. In fact, a power of attorney will continue whether or not a person is suffering through a period of disability and continues to do so for long periods of time. In other words, the lapse of time does not terminate a power of attorney.

Additionally, if a power of attorney is only used for real estate purposes, the power of attorney does not end when the transaction is complete. The power of attorney does not need to include a real estate legal description.

The only time where the passage of time will terminate a power of attorney is when the instrument has a termination date listed. Without a valid termination date, the attorney in fact is able to bind the principal in transactions.

It is important for Michigan residents to understand the scope of a power of attorney. People need to understand the type of power they are giving to another when they include this in their estate plans. They also need to know whether or not this power should be limited either in scope or time. While this blog post can only provide general information about power of attorney, an experienced lawyer may be able to give more specific details about a person’s legal situation.