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Old 03-09-2019, 08:57 AM   #1
forfrom
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Default How do I know when the durable power of attorney becomes active?

Michigan
How do I know when the durable power of attorney becomes active?


How do we show our father cannot make decisions any longer.
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Old 03-09-2019, 11:22 AM   #2
adjusterjack
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Default Re: How do I know when the durable power of attorney becomes active?

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Michigan
How do I know when the durable power of attorney becomes active?
When somebody signs it and hands it to you.

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Originally Posted by forfrom View Post

How do we show our father cannot make decisions any longer.
That's a lot more complicated. If he doesn't voluntarily turn over his affairs to you, you'll have to go to court and seek guardianship or conservatorship over him.

That's going to require proving a high degree of incompetence or instability.
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Old 03-10-2019, 10:43 AM   #3
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Default Re: How do I know when the durable power of attorney becomes active?

Sometimes banks and other will require that you have a letter signed by two doctors saying the person can no longer make financial decisions--and then the POA can act.

The POA is always under a duty to act in the best interests and any family member can sue in court if they think the poa is not acting in the best interests.
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Old 03-10-2019, 11:36 AM   #4
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Default Re: How do I know when the durable power of attorney becomes active?

I wish to inform you that patient advocate can only make decisions about the principal’s
medical care, and then, only when that person is unable to make their own decisions.
A PAD (Michigan's Medical Power of Attorney) is never valid unless two doctors (or one doctor and one licensed psychologist) certify that the principal is unable to make their own decisions. Further, for a PAD to be activated, the nominated agent must sign an “acceptance.” On the other hand, Michigan’s Durable Financial Power of Attorney
(DFPOA) may be effective immediately or "springing." It is also not required that an agent appointed under a Michigan DFPOA sign an acceptance before acting.

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