Michigan Compiled Laws § 700.5505 Proof Of Continuance Of Durable And Other Powers Of Attorney By Affidavit.


700.5505 Proof of continuance of durable and other powers of attorney by affidavit.

Sec. 5505.

(1) If an attorney in fact acts in good-faith reliance on a power of attorney, durable or otherwise, and executes a sworn statement stating that, at the time of the action, the attorney in fact did not have actual knowledge of the principal's death, disability, or incapacity or of the power's termination by revocation, the sworn statement is, in the absence of fraud, conclusive proof of the power's nontermination or nonrevocation.

(2) If the exercise of the power of attorney requires execution and delivery of an instrument that is recordable, the sworn statement when authenticated for record is also recordable.

(3) This section does not affect a provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal's capacity.


History: 1998, Act 386, Eff. Apr. 1, 2000
Popular Name: EPIC


Section: Previous  700.5501  700.5502  700.5503  700.5504  700.5505  700.5506  700.5507  700.5508  700.5509  700.5510  700.5511  700.5512  700.5513  700.5515  700.5520  Next

Last modified: October 10, 2016