Powers of Attorney Give Flexibility & Protection
A “power of attorney” is merely a document, by which one person can designate an agent to assist them, or to act for them in matters of financial & business affairs, or in the event of incapacity.
Michigan law refers to financial/business powers of attorney as “Durable Powers”, which can be effective either immediately, or upon disability. I refer to them as financial/business powers of attorney, for clarity’s sake, and to distinguish them from medical or health care power of attorney documents.
The term “durable power” comes from MCLA §700.5501, which indicates that it is not affected by the later disability or incapacity of the “principal”, a term which refers to the one who designates another to be his agent. It seems self-evident that the reason to set up the power of attorney in the first place, is that it enables the principal’s wishes (financial or health care-related) to be carried out, even though the principal him/herself cannot carry out those wishes on their own, without the help of an agent of some type.
Importantly, in order to execute and implement either a financial power, or a medical power of attorney, one must be of sound mind. These documents cannot lawfully be signed or implemented, once the person is mentally disabled.
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Powers of Attorney. Understand Your Rights in Michigan.
You can actually designate the person you want to step in on your behalf, to make medical decisions; in Michigan this person is called a "Patient Advocate".
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You will not likely be hiring me as a "Guardians Ad Litem", but you might have to deal with one, after we file our Petition for Guardianship, Conservatorship, or other Probate Court petition.
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Michigan law requires a little bit of drama and ceremony, for the proper execution of a financial power of attorney. Given the significant powers and responsibilities that an agent takes on, the purpose of such requirements is to make certain that the power of attorney document, and relationship, was set up intentionally.
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The Client Bill of Rights
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Client Bill of Rights
- 100% Client Satisfaction Guarantee
- 48-Hour Open Door Policy
- The Lawyer You Hire Is The Lawyer Who Works on Your Case
- Candid Explanations in Plain Simple English
- An Idea Where Your Case is Heading
- One-Day Returned Phone Call/E-Mail/Text Policy
- Cell Phone Access to Your Lawyer
- Constant Immediate Updating
- You Have A Right to A Lawyer Who Will Respect Nos. 1-8 Above
Being a client sucks. It is a terrible and anxious experience, and I know, because I am not only a lawyer, but I have been a client before, myself. It can be awful, and the lawyer you hire should not make it worse.
Because different lawyers do different work, the problems that bring you to a lawyer will vary. However, one thing is in common: you have to put yourself and a highly sensitive problem into the hands of another person. It means that there is a loss of control. A cloud hanging over your head.
Just you hire me to protect your rights, you have rights THAT EVERY LAWYER SHOULD BE WILLING TO PROTECT.
I AM.
CLIENT BILL OF RIGHTS
1. 100% Client Satisfaction Guarantee
You have a right to be satisfied, and soon, that I am hard at work on your matter, and that your case is not “just another case”, but it is my cause. I cannot guarantee outcomes of personal injury, criminal, or other court matters.
However, if you are not completely satisfied within the first 30 days, or before the first Court appearance, whichever is sooner, that I am working hard on your case, then you can come get your file, or I will send it to you, and you can go hire another lawyer.
YOU HAVE A RIGHT TO BE COMPLETELY SATISFIED THAT I AM WORKING HARD ON YOUR MATTER, AND THAT YOUR CASE IS MY CAUSE.
2. 48-Hour Open Door Policy
If you feel that you need to sit down with me face-to-face to discuss your case, I WILL CLEAR MY SCHEDULE, SETTING ASIDE TIME TO MEET WITH YOU IN MY OFFICE. Even if I am in the middle of trial, I will meet with you within 48 hours.
YOU HAVE A RIGHT TO MEET WITH ME AT MY OFFICE, WITHIN 48 HOURS OF YOUR REQUEST, AND TO EXPECT ME TO CLEAR MY SCHEDULE, TO MAKE THAT HAPPEN.
3. The Lawyer You Hire Is The Lawyer Who Works on Your Case
When you hire Jon Frank and The Frank Law Firm, PC, you hire Jon Frank. You will not be shunted off to associates who are off-camera, and whose faces do not appear on websites, or TV advertising. I am the lawyer who will answer your calls.
YOU HAVE A RIGHT TO EXPECT THAT THE LAWYER YOU THOUGHT YOU WERE GOING TO HIRE, IS THE ONE WHO IS ACTUALLY WORKING ON YOUR CASE.
4. Candid Explanations in Plain Simple English
Personal injury, no-fault, and criminal matters, while commonly settled “out of court”, are ultimately matters decided “in court”, and therefore, no guarantees can be made as to outcome. Anyone who says otherwise, is not being truthful with you.
So, too, where you hire me to deed a property into trust, handle a probate matter, or anything else that I might do as your lawyer, there is a process that we must follow, and as the “paying customer”, you are entitled to understand just what that process is.
These are often complex matters that need to be explained to you, by your lawyer. Not only should your lawyer GLADLY explain the process to you, your lawyer should explain to you, in plain simple English – without formal, condescending “legalese”.
Not every lawyer is willing to give their client a full and candid explanation, for good or ill, and in plain simple English, of just what is going on with their case.
I AM.
THEREFORE, YOU HAVE A RIGHT TO UNDERSTAND WHAT IS GOING ON WITH YOUR CASE, AND TO KEEP ASKING ME TO EXPLAIN IT, UNTIL YOU DO UNDERSTAND.
Lawyers are paid to provide a service, and should not complain, when their clients ask for the service they have paid for.
5. An Idea Where Your Case is Heading
As I just mentioned, there is a process that your matter will follow, from start to finish. One of the biggest causes of client stress, is not knowing just what that process is – ahead of time. Knowing what road you will be taking, makes the trip easier, not just as a traveler on an Interstate, but also as a client in a legal matter.
THEREFORE, YOU HAVE A RIGHT TO KNOW IN ADVANCE, WHERE YOUR CASE IS HEADING, AS TO:
- PROCESS AND PROCEDURE
- STRONG POINTS AND WEAK POINTS OF YOUR CASE
- DESIRED OUTCOMES
- LIKELY OUTCOMES
6. One-Day Returned Phone Call/E-Mail/Text Policy
If it is important enough for you to reach out to me, to call, e-mail, or text, it is important enough for me to return the communication, and to do so promptly.
YOU HAVE A RIGHT TO EXPECT ME WITHIN ONE BUSINESS DAY, TO:
- RETURN YOUR PHONE CALL
- RETURN YOUR TEXT MESSAGE, AND/OR
- RESPOND TO YOUR E-MAIL
7. Cell Phone Access to Your Lawyer
You have just hired me to help you through one of the most sensitive, gut-wrenching episodes you will ever have in your life, as long as you live.
One of the deepest expressions of trust, one human being can give another, is to be vulnerable enough to ask for help. By hiring me as your lawyer, that is what you have done. Therefore, I make a point of giving my clients my cell phone number, so that they can contact me, day or night, 24/7/365, by phone or text message
While you ARE WELCOME TO MY CELL PHONE NUMBER, I have enabled my land lines, (586) 727-1900 and (877) FRANK-LAW (372-6552) to receive text messages. While I may not always be available to talk, I want to make it easy for you to contact me; if I am not readily available, I will get back to you, often within minutes or hours, but always within one business day.
YOU HAVE A RIGHT TO MY CELL PHONE NUMBER, AND TO HAVE ACCESS TO ME 24/7/365 BY CELL PHONE AND TEXT MESSAGE.
8. Constant Immediate Updating
It is bad enough to have to put your life in someone else’s hands. When you have to put your life into my hands, you have an absolute right to be kept updated as to the progress of your matter. My policy is to send a copy to you, by email, of all correspondence I send to other people (lawyers, insurance companies, prosecutors, police agencies, etc.).
Receiving copies by email, will enable you to see what I am doing on your case, as I am doing it.
I will send you email copies, usually by “blind copy”, to protect your email privacy; sometimes, I will forward to you, a previously sent email. If you do not have email, then I will send you copies of outgoing correspondence, by regular mail.
YOU HAVE AN ABSOLUTE RIGHT TO BE COPIED ON ALL OUTGOING CORRESPONDENCE ON YOUR MATTER, BY E-MAIL, OR BY REGULAR MAIL, WHEN THAT CORRESPONDENCE IS BEING SENT.
9. You Have A Right To A Lawyer Who Will Respect Nos. 1-8 Above
If you are looking for a lawyer who can help guide you through your injury matter to a great recovery, at the earliest possible time, or someone who can help protect your rights in a drunk driving, or criminal matter, you have a right to a lawyer who will respect these rights you have as a client.
As a client, you should never have to worry or wonder if your lawyer cares about your rights as a client, or whether they respect you as a human being. You deserve, and have a right to a lawyer, who will do both.
TEXT OR CALL ME, Jon Frank, at 877-FRANK-LAW, or at (586) 727-1900, if you want me to protect your rights as a citizen – and as a client. You can email me as well, at jon@jonfranklaw.com. I look forward to hearing from you.
Frequently Asked Powers of Attorney Questions. Michigan Based Legal Answers.
Basic Concept of a "Power of Attorney"
In a "power of attorney" document, one person gives to another, the right to act on their behalf in certain situations, subject to the limitations in the "power of attorney" document. .. Load complete answer.
In a "power of attorney" document, one person gives to another, the right to act on their behalf in certain situations, subject to the limitations in the "power of attorney" document.
In the law, there is a concept called "principal & agency". The "principal" is the boss, the person giving the authority to someone else, while the "agent" is the employee, the person acting on the boss' authority.
What Types of "Power of Attorney" Documents Are Recognized in Michigan?
In addition to the "Power of Attorney" documents referred to above, most such documents which are drawn and executed according to the law of another state, will usually be respected in Michigan.
In addition to the "Power of Attorney" documents referred to above, most such documents which are drawn and executed according to the law of another state, will usually be respected in Michigan.
Are There Special Formal Requirements For a "Power of Attorney"?
Yes. Typically, a "Power of Attorney", must be notarized AND witnessed, by two "disinterested" persons. By "disinterested", the law means that anyone given authority in a POA document, or anyone whose rights might be affected in some other way, by a POA document, cannot serve as a witness... Load complete answer.
Yes. Typically, a "Power of Attorney", must be notarized AND witnessed, by two "disinterested" persons. By "disinterested", the law means that anyone given authority in a POA document, or anyone whose rights might be affected in some other way, by a POA document, cannot serve as a witness.
As a lawyer licensed in Michigan only, I cannot give advice as to how POA's should be executed in other states, where it is expected that the duties of the agent will be discharged in Michigan. However, there are some legal authorities who make the sound recommendation, that a POA drawn & executed in another state, which is expected to be implemented here in Michigan, be notarized and witnessed according to our standards.