Criteria for Michigan attorney-in-fact

On Behalf of | Aug 17, 2023 | Estate Planning

A Michigan attorney-in-fact is a person who can make legal decisions on your behalf. You must complete a power of attorney document before anyone can serve as your attorney-in-fact. Once you’ve chosen your attorney-in-fact, that person can take legal actions and make legal decisions for you.


Choosing an attorney-in-fact is often done as part of estate planning. It’s a big decision, so consider setting strict criteria for making your choice. Since the person will have the power to make decisions on your behalf, you want to choose someone who is trustworthy. There are several things to look for in your attorney-in-fact.


A friend or family member can serve as your attorney-in-fact. If there’s a friend or family member who you trust, you might want to choose that person. As long as the person is a mentally capable adult, they’re possibly a good choice.


Your attorney-in-fact doesn’t need to live nearby. However, living in the same area makes it easier to deal with emergencies.


Your attorney-in-fact must agree to accept the role. If you choose someone without their consent, they’re not obligated to honor your request. The person must understand the responsibilities that come with the role, willingly accept the position and give their consent.

Having an attorney-in-fact is useful, especially if you cannot make decisions for yourself. However, an attorney-in-fact will have the power to affect your life. For example, the person can buy or sell property in your name or use your name to open or close financial accounts. Choose someone you trust who will take their responsibilities seriously.