reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 1 - General Provisions (556.201.new...556.223.new) › Section 556.213.new - Agent's Acceptance; Acknowledgement of Duties.

***** 556.213.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.213.new Agent's acceptance; acknowledgement of duties.
Sec. 113.
(1) Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority as an agent or by any other assertion or conduct indicating acceptance.
(2) Before exercising authority under a durable power of attorney, an agent shall execute an acknowledgment of the agent's duties that contains all the substantive statements contained in the optional template "Agent's Acknowledgment" provided in section 302 in substantially the form of that optional template.
(3) An agent's failure to comply with subsection (2) does not affect the agent's authority to act for the principal as provided in the durable power of attorney or this act, does not alter the agent's duties under the power and this act, and does not mitigate the agent's potential liability for breach of those duties.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 1 - General Provisions (556.201.new...556.223.new) › Section 556.215.new - Exoneration of Agent for Breach of Duty; Exceptions.

***** 556.215.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.215.new Exoneration of agent for breach of duty; exceptions.
Sec. 115.
(1) A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent either of the following applies:
(a) The provision relieves the agent of liability for breach of duty committed in bad faith or, except as provided in subsection (2), with reckless indifference to the purposes of the power of attorney or the best interest of the principal.
(b) The provision was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
(2) A provision in a power of attorney relieving an agent of liability under section 111(4) is binding on the principal and the principal's successors in interest except to the extent that it relieves the agent of liability for breach of duty committed in bad faith or was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 1 - General Provisions (556.201.new...556.223.new) › Section 556.216.new - Judicial Relief; Dismissal of Petition.

***** 556.216.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.216.new Judicial relief; dismissal of petition.
Sec. 116.
(1) Without precluding other bases on which such matters may properly be brought before the court, any of the following persons may petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief:
(a) The principal or the agent.
(b) A guardian, conservator, or other fiduciary acting for the principal.
(c) A person that, at the time of the petition, is exercising authority to make health care decisions for the principal.
(d) An individual who, at the time of the petition, would be an heir of the principal if the principal were to die intestate at that time.
(e) A person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal the trustee of which has a financial interest in the principal's estate.
(f) The personal representative of the principal's estate.
(g) Adult protective services.
(h) A caregiver or another person that demonstrates sufficient interest in the principal's welfare.
(i) A person asked to accept the power of attorney.
(2) Upon motion by the principal, the court shall dismiss a petition filed under subsection (1) unless the court finds 1 of the following:
(a) That the principal lacks capacity to revoke the agent's authority or the power of attorney.
(b) That the motion is the effect of undue influence, fraud, or duress.
(3) Without precluding other bases on which such matters may properly be brought before the court, any of the following persons may petition a court to review conduct regulated by this act on the part of a person to whom a power of attorney is presented for acceptance and to grant appropriate relief:
(a) The principal or the agent.
(b) A guardian, conservator, or other court-appointed fiduciary acting for the principal.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 1 - General Provisions (556.201.new...556.223.new) › Section 556.217.new - Violation of Act; Agent's Liability.

***** 556.217.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.217.new Violation of act; agent's liability.
Sec. 117.
(1) An agent who violates this act is liable to the principal or the principal's successors in interest for the amount required to restore the value of the principal's property to what it would have been had the violation not occurred, including reimbursement of attorney fees and costs paid on the agent's behalf in the defense of conduct constituting or contributing to the violation.
(2) If an agent embezzles or wrongfully converts the principal's property, or refuses, without colorable claim of right, to transfer possession of the principal's property to the principal or the principal's successors in interest on demand, the agent is liable in an action brought by the principal or the principal's successors in interest for treble the value of any property embezzled, converted, or wrongfully withheld from the principal or the principal's successors in interest.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 1 - General Provisions (556.201.new...556.223.new) › Section 556.218.new - Agent's Resignation; Notice.

***** 556.218.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.218.new Agent's resignation; notice.
Sec. 118.
Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by notifying the principal if the principal is not incapacitated or, if the principal is incapacitated, by notifying the following persons, as applicable:
(a) If a conservator or guardian has been appointed for the principal, the conservator or guardian.
(b) If a coagent or successor agent has been designated, the coagent or successor agent.
(c) If there is not a person described in subdivision (a) or (b), 1 of the following:
(i) A caregiver of the principal who is reasonably believed by the agent to have a significant interest in the principal's welfare or another person that is reasonably believed by the agent to have the significant interest.
(ii) Adult protective services.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 1 - General Provisions (556.201.new...556.223.new) › Section 556.221.new - Principles of Common Law and Equity.

***** 556.221.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.221.new Principles of common law and equity.
Sec. 121.
Unless displaced by a provision of this act, principles of common law and equity supplement this act.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 1 - General Provisions (556.201.new...556.223.new) › Section 556.222.new - Laws Applicable to Financial Institutions and Certain Other Entities.

***** 556.222.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.222.new Laws applicable to financial institutions and certain other entities.
Sec. 122.
This act does not supersede any other law applicable to financial institutions or other regulated entities, and that other law controls to the extent it is inconsistent with this act.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 1 - General Provisions (556.201.new...556.223.new) › Section 556.223.new - Remedies Under Other Law.

***** 556.223.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.223.new Remedies under other law.
Sec. 123.
The remedies under this act are not exclusive and do not abrogate any right or remedy under the law of this state other than this act.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 2 - Authority (556.301.new...556.317.new) › Section 556.302.new - Incorporation of Authority.

***** 556.302.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.302.new Incorporation of authority.
Sec. 202.
(1) An agent has authority described in this article if the power of attorney does either of the following:
(a) Cites the section in which the authority is described.
(b) Refers to a heading or catchline added to sections 204 to 217 under section 108 of the legislative council act, 1986 PA 268, MCL 4.1108.
(2) A power of attorney that incorporates by reference any section of sections 204 to 217 under subsection (1) incorporates the entire section as if that section were set out in full in the power.
(3) A principal may modify authority incorporated by reference.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 2 - Authority (556.301.new...556.317.new) › Section 556.303.new - Powers of Agent With a Grant of General Authority.

***** 556.303.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.303.new Powers of agent with a grant of general authority.
Sec. 203.
Except as otherwise provided in the power of attorney, by executing a power that incorporates by reference a subject described in sections 204 to 217 under section 202 or that grants to an agent authority to do all acts that a principal could do under section 201(3), a principal authorizes the agent, with respect to that subject, to do all of the following:
(a) Demand, receive, and obtain, by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended.
(b) Contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal.
(c) Execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal's property and attaching it to the power of attorney.
(d) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim.
(e) Seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney.
(f) Engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor.
(g) Prepare, execute, and file a record, report, or other document to safeguard or promote the principal's interest under a statute or regulation.
(h) Communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal.
(i) Access communications intended for and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means.
(j) Do any lawful act with respect to the subject and all property related to the subject.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 2 - Authority (556.301.new...556.317.new) › Section 556.305.new - Authority of Agent; Tangible Personal Property.

***** 556.305.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.305.new Authority of agent; tangible personal property.
Sec. 205.
Unless the power of attorney provides otherwise, language in a power granting general authority with respect to tangible personal property authorizes the agent to do all of the following:
(a) Demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property.
(b) Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or otherwise dispose of tangible personal property or an interest in tangible personal property.
(c) Grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal.
(d) Release, assign, satisfy, or enforce, by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property.
(e) Manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including all of the following:
(i) Insuring against liability or casualty or other loss.
(ii) Obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise.
(iii) Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments.
(iv) Moving the property from place to place.
(v) Storing the property for hire or on a gratuitous bailment.
(vi) Using and making repairs, alterations, or improvements to the property.
(f) Change the form of title of an interest in tangible personal property.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 2 - Authority (556.301.new...556.317.new) › Section 556.306.new - Authority of Agent; Stocks and Bonds.

***** 556.306.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.306.new Authority of agent; stocks and bonds.
Sec. 206.
Unless the power of attorney provides otherwise, language in a power granting general authority with respect to stocks and bonds authorizes the agent to do all of the following:
(a) Buy, sell, and exchange stocks and bonds.
(b) Establish, continue, modify, or terminate an account with respect to stocks and bonds.
(c) Pledge stocks and bonds as security to borrow, pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal.
(d) Receive certificates and other evidence of ownership with respect to stocks and bonds.
(e) Exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 2 - Authority (556.301.new...556.317.new) › Section 556.307.new - Authority of Agent; Commodities and Options.

***** 556.307.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.307.new Authority of agent; commodities and options.
Sec. 207.
Unless the power of attorney provides otherwise, language in a power granting general authority with respect to commodities and options authorizes the agent to do the following:
(a) Buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange.
(b) Establish, continue, modify, and terminate option accounts.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 2 - Authority (556.301.new...556.317.new) › Section 556.308.new - Authority of Agent; Banks and Other Financial Institutions.

***** 556.308.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.308.new Authority of agent; banks and other financial institutions.
Sec. 208.
Unless the power of attorney provides otherwise, language in a power granting general authority with respect to banks and other financial institutions authorizes the agent to do all of the following:
(a) Continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal.
(b) Establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent.
(c) Contract for services available from a financial institution, including renting a safe deposit box or space in a vault.
(d) Withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution.
(e) Receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them.
(f) Enter a safe deposit box or vault and withdraw or add to the contents.
(g) Borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal.
(h) Make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal's order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due.
(i) Receive for the principal and act on a sight draft, warehouse receipt, or other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument.
(j) Apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations, and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit.
(k) Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 2 - Authority (556.301.new...556.317.new) › Section 556.310.new - Authority of Agent; Insurance and Annuities.

***** 556.310.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.310.new Authority of agent; insurance and annuities.
Sec. 210.
Unless the power of attorney provides otherwise, language in a power granting general authority with respect to insurance and annuities authorizes the agent to do all of the following:
(a) Continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal that insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract.
(b) Procure new, different, and additional contracts of insurance and annuities for the principal and the principal's spouse, children, and other dependents, and select the amount, type of insurance or annuity, and mode of payment.
(c) Pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent.
(d) Apply for and receive a loan secured by a contract of insurance or annuity.
(e) Surrender and receive the cash surrender value on a contract of insurance or annuity.
(f) Exercise an election.
(g) Exercise investment powers available under a contract of insurance or annuity.
(h) Change the manner of paying premiums on a contract of insurance or annuity.
(i) Change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section.
(j) Apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal.
(k) Collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity.
(l) Select the form and timing of the payment of proceeds from a contract of insurance or annuity.
(m) Pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 2 - Authority (556.301.new...556.317.new) › Section 556.311.new - Authority of Agent; Estates, Trusts, and Other Beneficial Interests.

***** 556.311.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.311.new Authority of agent; estates, trusts, and other beneficial interests.
Sec. 211.
(1) Unless the power of attorney provides otherwise, language in a power granting general authority with respect to estates, trusts, and other beneficial interests authorizes the agent to do all of the following:
(a) Accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from an estate, trust, or other beneficial interest.
(b) Demand or obtain money or another thing of value to which the principal is, may become, or claims to be, entitled by reason of an estate, trust, or other beneficial interest, by litigation or otherwise.
(c) Exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal.
(d) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal.
(e) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary.
(f) Conserve, invest, disburse, or use anything received for an authorized purpose.
(g) Transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a revocable trust created by the principal as settlor.
(2) As used in this section, "estate, trust, or other beneficial interest" means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be entitled to a share or payment.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 2 - Authority (556.301.new...556.317.new) › Section 556.312.new - Authority of Agent; Claims and Litigation.

***** 556.312.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.312.new Authority of agent; claims and litigation.
Sec. 212.
Unless the power of attorney provides otherwise, language in a power granting general authority with respect to claims and litigation authorizes the agent to do all of the following:
(a) Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief.
(b) Bring an action to determine adverse claims or intervene or otherwise participate in litigation.
(c) Seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree.
(d) Make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation.
(e) Submit to alternative dispute resolution, settle, and propose or accept a compromise.
(f) Waive the issuance and service of process on the principal, accept service of process, appear for the principal, designate persons on whom process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation.
(g) Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee that affects an interest of the principal in property or other thing of value.
(h) Pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation.
(i) Receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 2 - Authority (556.301.new...556.317.new) › Section 556.314.new - Authority of Agent; Benefits From Governmental Programs or Civil or Military Service.

***** 556.314.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.314.new Authority of agent; benefits from governmental programs or civil or military service.
Sec. 214.
(1) Unless the power of attorney provides otherwise, language in a power granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to do all of the following:
(a) Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in section 213(1)(a), and for shipment of their household effects.
(b) Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose.
(c) Enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program.
(d) Prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation.
(e) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation.
(f) Receive the financial proceeds of a claim described in subdivision (d) and conserve, invest, disburse, or use for a lawful purpose anything so received.
(2) As used in this section, "benefits from governmental programs or civil or military service" means any benefit, program, or other assistance provided under a statute or regulation including Social Security, Medicare, and Medicaid.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 2 - Authority (556.301.new...556.317.new) › Section 556.315.new - Authority of Agent; Retirement Plans.

***** 556.315.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.315.new Authority of agent; retirement plans.
Sec. 215.
(1) Unless the power of attorney provides otherwise, language in a power granting general authority with respect to retirement plans authorizes the agent to do all of the following:
(a) Select the form and timing of payments under a retirement plan and withdraw benefits from a plan.
(b) Make a rollover or a trustee-to-trustee transfer of benefits from 1 retirement plan to another.
(c) Establish a retirement plan in the principal's name.
(d) Make contributions to a retirement plan.
(e) Exercise investment powers available under a retirement plan.
(f) Borrow from, sell assets to, or purchase assets from a retirement plan as permitted by the plan.
(2) As used in this section, "retirement plan" means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under any of the following:
(a) An individual retirement account under section 408 of the internal revenue code of 1986, 26 USC 408.
(b) A Roth individual retirement account under section 408A of the internal revenue code of 1986, 26 USC 408A.
(c) A deemed individual retirement account under section 408(q) of the internal revenue code of 1986, 26 USC 408.
(d) An annuity or mutual fund custodial account under section 403(b) of the internal revenue code of 1986, 26 USC 403.
(e) A pension, profit-sharing, stock bonus, or other retirement plan qualified under section 401(a) of the internal revenue code of 1986, 26 USC 401.
(f) A plan under section 457(b) of the internal revenue code of 1986, 26 USC 457.
(g) A nonqualified deferred compensation plan under section 409A of the internal revenue code of 1986, 26 USC 409A.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 2 - Authority (556.301.new...556.317.new) › Section 556.316.new - Authority of Agent; Taxes.

***** 556.316.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.316.new Authority of agent; taxes.
Sec. 216.
Unless the power of attorney provides otherwise, language in a power granting general authority with respect to taxes authorizes the agent to do all of the following:
(a) Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, federal insurance contributions act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under section 2032A of the internal revenue code of 1986, 26 USC 2032A, closing agreements, and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following 25 tax years.
(b) Pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority.
(c) Exercise any election available to the principal under federal, state, local, or foreign tax law, including consent, under section 2513 of the internal revenue code of 1986, 26 USC 2513, to the splitting of 1 or more gifts made by the principal's spouse.
(d) Act for the principal in all tax matters for all periods before the Internal Revenue Service or other taxing authority.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 2 - Authority (556.301.new...556.317.new) › Section 556.317.new - Authority of Agent; Gifts.

***** 556.317.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.317.new Authority of agent; gifts.
Sec. 217.
(1) Unless the power of attorney provides otherwise, language in a power granting general authority with respect to gifts authorizes the agent to make outright gifts of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, to, or for the benefit of, a person or persons as the agent determines is consistent with the principal's objectives if actually known by the agent and, to the extent the principal's objectives are unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors, including the following:
(a) The value and nature of the principal's property.
(b) The principal's foreseeable obligations and need for maintenance, including anticipated private-pay nursing or assisted-living care costs incurred in a facility or at home.
(c) The desirability of minimizing taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes.
(d) Eligibility for a benefit, a program, or assistance under a statute or regulation, including eligibility for assistance with nursing or assisted-living care in a facility or at home.
(e) The principal's personal history of making gifts.
(2) As used in this section, a gift "for the benefit of" a person includes, without limitation, a gift in trust, an account under the Michigan uniform transfers to minors act, 1998 PA 433, MCL 554.521 to 554.552, a tuition savings account or prepaid tuition plan as described under section 529 of the internal revenue code of 1986, 26 USC 529, and an ABLE account as defined under section 529A of the internal revenue code of 1986, 26 USC 529A.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 3 - Statutory Forms (556.401.new...556.403.new) › Section 556.403.new - Certification of Validity of Power of Attorney by Agent or Attorney at Law.

***** 556.403.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.403.new Certification of validity of power of attorney by agent or attorney at law.
Sec. 303.
The following optional template may be used by an agent or an attorney at law who represents either the agent or the principal to certify facts concerning a power of attorney:
CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY
State of _____________________________
[County] of ___________________________
I, _____________________________________________ (Name of Certifier), certify under penalty of perjury that __________________________________________(Name of Principal) granted _____________________________________________ (Name of Agent) authority as an agent or successor agent in a power of attorney dated _____________________.
I further certify that to my knowledge:
(1) The Principal is alive and has not revoked the Power of Attorney or the Agent's authority to act under the Power and the Power and the Agent's authority to act under the Power have not otherwise terminated;
(2) If the Power of Attorney was drafted to become effective upon the happening of a specified event or contingency, the specified event or contingency has occurred;
(3) If the Agent was named as a successor agent, the prior agent is unable or unwilling to serve; and
(4)________________________________________________________________________________________________________
(Insert other relevant statements. You may attach separate sheets if additional space is needed.)
SIGNATURE ANDACKNOWLEDGMENT
________________________________
_______________
Certifier's Signature
Date
________________________________
Certifier's Name Printed
________________________________
Certifier's Capacity (as Agent, attorney at law for Agent, or attorney at law for Principal)
________________________________
Certifier's Address
________________________________
Certifier's Telephone Number
This document was acknowledged before me on _______________,
(Date)
by ____________________________________________.
(Name of Certifier)
________________________________
(Seal, if any)
Signature of Notary
My commission expires: _______________
This document prepared by:
__________________________________________________________________
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 4 - Miscellaneous Provisions (556.501.new...556.505.new) › Section 556.501.new - Uniformity of Application and Construction.

***** 556.501.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.501.new Uniformity of application and construction.
Sec. 401.
In applying and construing this act, consideration should be given to the need to promote uniformity of the law with respect to the act's subject matter among the states that enact the uniform act on which this act is based.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 4 - Miscellaneous Provisions (556.501.new...556.505.new) › Section 556.502.new - Relation to Electronic Signatures in Global and National Commerce Act.

***** 556.502.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.502.new Relation to electronic signatures in global and national commerce act.
Sec. 402.
This act modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 USC 7001 to 7006, but does not modify, limit, or supersede section 101(c) of that act, 15 USC 7001, or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 USC 7003.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 4 - Miscellaneous Provisions (556.501.new...556.505.new) › Section 556.503.new - Effect on Existing Powers of Attorney.

***** 556.503.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.503.new Effect on existing powers of attorney.
Sec. 403.
Except as otherwise provided in this act, on the effective date of this act all of the following apply:
(a) Except as provided in subdivision (c), this act applies to a power of attorney created before, on, or after the effective date of this act.
(b) This act applies to a judicial proceeding concerning a power of attorney commenced on or after the effective date of this act.
(c) This act applies to a judicial proceeding concerning a power of attorney commenced before the effective date of this act unless the court finds that application of a provision of this act would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies.
(d) An act done before the effective date of this act is not affected by this act.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 4 - Miscellaneous Provisions (556.501.new...556.505.new) › Section 556.504.new - Repeal of MCL 700.5501-700.5505.

***** 556.504.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.504.new Repeal of MCL 700.5501-700.5505.
Sec. 404.
Sections 5501 to 5505 of the estates and protected individuals code, 1998 PA 386, MCL 700.5501 to 700.5505, are repealed.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 556 - Powers of Appointment › Act 187 of 2023 - Uniform Power of Attorney Act (556.201.new - 556.505.new) › Article 4 - Miscellaneous Provisions (556.501.new...556.505.new) › Section 556.505.new - Effective Date.

***** 556.505.new THIS NEW SECTION IS EFFECTIVE JULY 1, 2024 *****
556.505.new Effective date.
Sec. 405.
This act takes effect July 1, 2024.
History:
2023, Act 187, Eff. July 1, 2024
2023 Michigan Compiled Laws › Chapter 557 - Property of Husband and Wife › Repealed - Act 168 of 1855 - Rights of Married Women (557.1 - 557.5)

RIGHTS OF MARRIED WOMEN
Act 168 of 1855
557.1-557.5 Repealed. 1981, Act 216, Eff. Mar. 31, 1982.
2023 Michigan Compiled Laws › Chapter 557 - Property of Husband and Wife › Act 216 of 1981 - Rights and Liability of Married Women (557.21 - 557.29) › Section 557.21 - Status of Property Acquired by Woman Before or After Marriage; Earnings of Married Woman.

557.21 Status of property acquired by woman before or after marriage; earnings of married woman.
Sec. 1.
(1) If a woman acquires real or personal property before marriage or becomes entitled to or acquires, after marriage, real or personal property through gift, grant, inheritance, devise, or other manner, that property is and shall remain the property of the woman and be a part of the woman's estate. She may contract with respect to the property, sell, transfer, mortgage, convey, devise, or bequeath the property in the same manner and with the same effect as if she were unmarried. The property shall not be liable for the debts, obligations, or engagements of any other person, including the woman's husband, except as provided in this act.
(2) A married woman has the absolute right to have, hold, own, retain, and enjoy earnings acquired by the married woman as the result of her personal efforts and those earnings shall be considered the property of the married woman as described in subsection (1).
History:
1981, Act 216, Eff. Mar. 31, 1982
2023 Michigan Compiled Laws › Chapter 557 - Property of Husband and Wife › Act 216 of 1981 - Rights and Liability of Married Women (557.21 - 557.29) › Section 557.22 - Trustee for Married Woman; Conveyance of Property for Use and Benefit of Married Woman.

557.22 Trustee for married woman; conveyance of property for use and benefit of married woman.
Sec. 2.
A person who holds as a trustee for a married woman, real or personal property under a deed or conveyance or otherwise, may convey to the married woman, by deed or otherwise, all or any portion of the property or the rents or profits of the property for the sole and separate use and benefit of the married woman.
History:
1981, Act 216, Eff. Mar. 31, 1982
2023 Michigan Compiled Laws › Chapter 557 - Property of Husband and Wife › Act 216 of 1981 - Rights and Liability of Married Women (557.21 - 557.29) › Section 557.23 - Common Law Disability of Married Women to Contract Abrogated.

557.23 Common law disability of married women to contract abrogated.
Sec. 3.
The common law disability of married women to make and enter into a contract is abrogated.
History:
1981, Act 216, Eff. Mar. 31, 1982
2023 Michigan Compiled Laws › Chapter 557 - Property of Husband and Wife › Act 216 of 1981 - Rights and Liability of Married Women (557.21 - 557.29) › Section 557.24 - Contract by Married Woman; Liability of Husband for Breach of Contract.

557.24 Contract by married woman; liability of husband for breach of contract.
Sec. 4.
(1) A married woman may enter into a contract with respect to her separate property as described in section 1. She may bring an action to enforce the contract, recover damages for breach of the contract, or seek other remedy with respect to the contract as provided by law. The married woman shall be personally liable upon the contract and a judgment entered against the woman may be satisfied out of the separate property as described in section 1.
(2) The husband of a married woman shall not be liable for breach of a contract which was entered into by the married woman and which relates to the separate property of the married woman as provided in subsection (1) unless the husband acted as a surety, co-signor, or guarantor on the contract.
History:
1981, Act 216, Eff. Mar. 31, 1982
2023 Michigan Compiled Laws › Chapter 557 - Property of Husband and Wife › Act 216 of 1981 - Rights and Liability of Married Women (557.21 - 557.29) › Section 557.25 - Married Woman as Surety for Debt or Obligation of Other Person; Judgment Against Married Woman; Satisfaction.

557.25 Married woman as surety for debt or obligation of other person; judgment against married woman; satisfaction.
Sec. 5.
A married woman may act as a surety for the debt or obligation of another person, including the debt of her husband, by signing a written instrument providing for the suretyship. A judgment entered against the married woman as a surety may be satisfied out of her separate property as described in section 1, whether or not the contract of suretyship benefits or concerns that separate property.
History:
1981, Act 216, Eff. Mar. 31, 1982
2023 Michigan Compiled Laws › Chapter 557 - Property of Husband and Wife › Act 216 of 1981 - Rights and Liability of Married Women (557.21 - 557.29) › Section 557.26 - Pledge or Assignment by Married Woman of Interest in Separate Property as Security for Debt of Other Person; Contract by Married Woman Giving General Guarantee; Satisfaction of Judgment.

557.26 Pledge or assignment by married woman of interest in separate property as security for debt of other person; contract by married woman giving general guarantee; satisfaction of judgment.
Sec. 6.
(1) A married woman may enter into a written contract pledging or assigning her interest in her separate property, as described in section 1, as security for the debt of another person, including the debt of her husband. If a married woman signs a written contract pledging or assigning an interest in her separate property as security for the debt of another person or her husband, a judgment rendered for payment of the debt may be satisfied out of that separate property whether or not the separate property derives a benefit from the pledge or assignment.
(2) A married woman may enter into a written contract giving a general guarantee obligating her personally for the debt of another person, including the debt of her husband. If the married woman signs such a written contract, a judgment rendered for payment of the debt may be satisfied out of any of the separate property of the married woman described in section 1, whether or not the separate property derives a benefit from the general guarantee.
History:
1981, Act 216, Eff. Mar. 31, 1982