Legal Question in Elder Law in Michigan

Power of Attorney

I have Durable Power of Attorney for my mother. This was drafted in Florida. She now lives with me in Michigan. I am refinancing the house and she is on the title with me (not on the mortgage). The financial institution says they cannot use the POA because my mother is not living in Florida.....any precedents here? Help and thanks


Asked on 2/05/02, 12:17 pm

1 Answer from Attorneys
David McDonagh

Re: Power of Attorney

Many Banks have their own POA form and are reluctant to accept any other form. You may want to obtain the POA form from the Bank and, if possible, have your mother sign it.

The Bank is probably trying to protect its position. Since you are acting as your mother's agent I would inform the Bank that they may be able to gain some protection under MCLA 700.5505, MSA 27.15505 by obtaining an affidavit from you (as the agent of your mother) that you know of no revocation of the power of attorney. An attorney can prepare the affidavit if this is acceptable to the Bank.

If you have any questions contact me at my office

(734) 944-2269

Dave McDonagh

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Answered on 2/05/02, 10:02 pm


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