Plan improves procedures for powers of attorney, helps ensure they’re accepted
State Representative Doug Wozniak (R-Shelby Twp), earlier this week, introduced legislation to replace Michigan’s Durable Power of Attorney statute with legislation based on the Uniform Power of Attorney Act that have been enacted by 30 other states and is being considered by several more.
“As an Elder Law attorney, I have worked in this area of law for many years and, while it is still a useful tool in assisting many of my clients, I have come to appreciate that it needs to be updated and improved for the benefit of our more vulnerable family members and those who assist them with their affairs,” said Wozniak.
According to the non-partisan, non-profit Uniform Law Commission, 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 warrant pre-incapacity planning with a trust or post-incapacity asset management with a guardianship.”
After more than fifty years, powers of attorney are now used by people of all economic means for incapacity-planning, as well as convenience.
Over the years, many states had adopted non-uniform provisions to deal with issues on which the Uniform Probate Code and the Durable Power of Attorney Act were silent. The modernized Uniform Power of Attorney Act provides uniformity on these issues and enhances the usefulness of the law.
“To ensure that the provision of the Uniform Power of Attorney Act align properly with Michigan law, a State Bar of Michigan workgroup spent countless hours reviewing existing statute and ensuring that the proposed changes align with existing statutes,” said Wozniak. “My bills are based on the State Bar’s recommendations.”
In this edition of What’s Up, with Woz! we will be discussing the lengths to which the current legislative majority has gone to decrease transparency in the state budget. They have eliminated reports that require state departments to account for how public tax dollars are spent. For example, reports about the state’s: pension debt; road […]
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 […]
It is my strongly held belief that the people of Michigan deserve to know how the state is spending the their money, but the current House Majority is using the budget process to strip important transparency measures and hide from accountability. Across our state, Michigan families are having to tighten their belts to deal with […]
I recently introduced legislation to encourage insurance providers to make prompt payment on personal-injury-protection-claims for medical and occupational therapy services. This two-bill package would amend the Insurance Code of 1956 to incentivize more timely payment of health professionals, who render treatment or occupational therapy to persons injured in an accident covered by personal injury protection […]
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