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#455482 - 11/10/05 06:38 PM Where does it say POA ceases on death?
BBoyd Offline
Diamond Poster
BBoyd
Joined: Mar 2002
Posts: 2,494
MI
We have a customer requesting proof that an attorney-in-fact's role ceases on death. I've looked in the MCL and am not finding it. Can anyone give me chapter and verse as soon as possible? Thanks!
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#455483 - 11/10/05 07:25 PM Re: Where does it say POA ceases on death?
TomS Offline
Gold Star
Joined: Jan 2004
Posts: 319
USA
These sections of the MCL might help:

700.5504 Power of attorney not revoked until notice.
Sec. 5504.
(1) The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person who, without actual knowledge of the principal's death, acts in good faith under the power. An action taken as provided in this subsection, unless otherwise invalid or unenforceable, binds the principal's successors in interest.

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.

I read these sections to say that if you have actual knowledge of the principal's death, you can no longer act in good faith under the POA.
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#455484 - 11/10/05 09:30 PM Re: Where does it say POA ceases on death?
BBoyd Offline
Diamond Poster
BBoyd
Joined: Mar 2002
Posts: 2,494
MI
Thanks - I did find that site/cite as well. It really should suffice, but I interpreted some of the language above to say, basically, that if the AIF wasn't aware of the death of the grantor he could still act in good faith.

But I was hoping to find the exact words, "Power of Attorney ceases upon the death of the grantor."
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Opinions are mine and never to be taken as legal advice!

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