This week, I introduced legislation to replace Michigan’s old Durable Power of Attorney statute with legislation based on the Uniform Power of Attorney Act laws that have been passed by 30 other states.
The concept of a “power of attorney” was first incorporated into the Uniform Probate Code in 1969 to offer an inexpensive method of surrogate decision making to those whose modest assets did not justify pre-incapacity planning with a trust or post-incapacity property management with a guardianship.”
After more than fifty years, the durable power of attorney is now used by people of all economic means for incapacity-planning, as well as convenience. Adoption of the modern Uniform Power of Attorney Act is necessary because, over the years, many states had adopted non-uniform provisions to deal with issues on which the Uniform Probate Code and the original Uniform Durable Power of Attorney Act are silent.
This new statute will provide uniformity on these issues and enhance the usefulness of the law. To ensure that the provision of the Uniform Power of Attorney Act align properly with Michigan’s law, a State Bar of Michigan workgroup spent countless hours reviewing existing statute and ensuring that the proposed legislation aligns properly with Michigan statutes. I then utilized the work product of this group to craft legislation.
If you would like to learn more about my bills, or would like to provide input, please contact my office.
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“As an attorney who spent many years representing the interests the elderly, the vulnerable and the infirm in Macomb County’s Probate Court, I know firsthand how hard the judges and staff of our court work to ensure hearings are held in a timely manner,” Wozniak said during his testimony. “But with only two judges on the bench, it’s not been easy for them to do.”