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.”
“People want assurances government officials are using proceeds from the sale of property seized by the government exactly according to law,” said Wozniak, R-Shelby Township. “Corruption or even the appearance of corruption is a stain on our society. Our plan brings greater clarity to the civil asset forfeiture law by refining the process and limitations for its use.”
“Probate Court handles some of the most sensitive cases which cannot be put off for months or even weeks in many cases. While we appreciate the assistance of visiting judges to help with this caseload, we should not be reliant on them.”
“This is a devastating step in the wrong direction for families struggling to make ends meet,” said Wozniak, R-Shelby Township. “There is no question this decision is a direct result of Lansing Democrats and their radical new green energy plan. They made false promises that their new policies, which have been abandoned by many left-leaning states and countries, would improve reliability and affordability. Instead, utility companies are already pushing renewable energy expenses onto the consumer before the extreme policies are even implemented.”
Today, the Michigan House of Representatives passed legislation offered by State Rep. Doug Wozniak (Shelby Township) to increase the number of judicial positions on the Macomb County Probate Court — a move that is supported by the Macomb County Court, as well as the Michigan Supreme Court. Analysis by the Michigan State Court Administrator Office […]