AnalysisIn recent months, several states have been modifying their statutes concerning powers of attorney by enacting provisions of the Uniform Power of Attorney Act adopted by the Uniform Law Commission. Michigan is the latest to do so. Most notably, the bill provides that a Notary may sign a power of attorney for a principal at the principal’s direction following the procedures in MCL 55.293. MCL 55.293 authorizes a Notary to sign the name of a person whose physical characteristics limit his or her capacity to sign or make a mark on a record under all of the following conditions: (a) The Notary is orally, verbally, physically, or through electronic or mechanical means provided by the person and directed by that person to sign that person’s name; (b) the person is in the physical presence of the Notary; and (c) the Notary writes beneath the signature: “Signature affixed pursuant to section 33 of the Michigan Notary Public Act.”
Read the bill text.