Michigan Compiled Laws

Mich. Comp. Laws § 700.1209 (2026)

Acts by holder of power of appointment.

✓ current as of July 2026

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ESTATES AND PROTECTED INDIVIDUALS CODE

Act 386 of 1998

700.1209 Acts by holder of power of appointment.

Sec. 1209.

For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative, including relief from liability or penalty for failure to post bond or to perform other duties, the sole holder or all coholders of a presently exercisable or testamentary general or special power of appointment, including 1 in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent their interests, as permissible appointees, takers in default, or otherwise, are subject to the power.

History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010 ;-- Am. 2010, Act 325, Eff. Apr. 1, 2010

Compiler's Notes:

Enacting section 1 of Act 325 of 2010 provides:

"Enacting section 1. (1) Except as provided in subsection (2), this amendatory act takes effect April 1, 2010.

"(2) Section 3207 of the estates and protected individuals code, 1998 PA 386, MCL 700.3207, as amended by this amendatory act, takes effect on the date this amendatory act is enacted into law."

PopularName Notes:

EPIC

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2006–2022 · leading case: In Re Kramek Est., 710 N.W.2d 753 (Mich. Ct. App. 2006).

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In Re Kramek Est., 710 N.W.2d 753 (Mich. Ct. App. 2006). “(2) If the present or future interest of an unborn, unascertained, missing or disappeared person; of a trustee or a trust beneficiary described in the trust document but not yet established; or of a minor or other person without *571 legal capacity is not represented or is not…”

In Re Schuhmacher Est. (Mich. Ct. App. 2022). “David argued that the Houghton Lake Heights property should be sold, and that there had been only one arm’s-length 3 MCL 700.1209 states as follows: For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative, including relief…”

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