ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.5103 Delegation of powers by parent or guardian.
Sec. 5103.
(1) By a properly executed power of attorney, a parent or guardian of a minor or a guardian of a legally incapacitated individual may delegate to another person, for a period not exceeding 180 days, any of the parent's or guardian's powers regarding care, custody, or property of the minor child or ward, except the power to consent to adoption of a minor ward or to release of a minor ward for adoption.
(2) A parent shall not knowingly and intentionally delegate his or her powers under this section regarding care and custody of the parent's minor child for longer than 180 days for the purpose of permanently transferring custody of the child in violation of section 136c(3) of the Michigan penal code, 1931 PA 328, MCL 750.136c.
(3) If a parent or guardian is serving in the armed forces of the United States and is deployed to a foreign nation, and if the power of attorney so provides, a delegation under this section is effective until the thirty-first day after the end of the deployment.
(4) If a guardian for a minor or legally incapacitated individual delegates any power under this section, the guardian shall notify the court within 7 days after execution of the power of attorney and provide the court the name, address, and telephone number of the attorney-in-fact.
History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 93, Imd. Eff. May 7, 2004 ;-- Am. 2016, Act 483, Eff. Mar. 29, 2017 ;-- Am. 2023, Act 72, Imd. Eff. July 12, 2023
PopularName Notes:
EPIC
Notes of Decisions
Cited in
10
cases (
6 in the last 5 years), 2010–2025 · leading case:
Woodman v. Kera LLC, 785 N.W.2d 1 (Mich. 2010).
Woodman v. Kera LLC, 785 N.W.2d 1 (Mich. 2010).
· cites it 2× “[52] The lead opinion correctly notes, ante at 15-16, that the common law generally holds minors to a lower standard than an adult.”
In Re Guardianship of Mary Ann Malloy (Mich. 2024).
· cites it 44× “Auto-Owners argued that it was not required to reimburse for such services because Findling had not complied with MCL 700.5103 of the Estates and Protected Individuals Code (EPIC), MCL 700.”
In Re Guardianship of Dana Jenkins (Mich. 2024).
· cites it 44× “Auto-Owners argued that it was not required to reimburse for such services because Findling had not complied with MCL 700.5103 of the Estates and Protected Individuals Code (EPIC), MCL 700.”
20231214_C366405_35_366405.Opn.Pdf (Mich. Ct. App. 2023).
· cites it 4× “Despite her long-term imprisonment, respondent-mother contends KMTF did not lack “proper custody or guardianship” because respondent-mother signed a parental power of attorney form on November 2, 2022, that delegated her “parental powers” to her mother, Dixie Derhammer,…”
In Re Guardianship of Adw (Mich. Ct. App. 2024).
· cites it 4× “This delegation of parental powers is given pursuant to MCL 700.5103, and will become effective on the day I sign it.”
in Re Lanning Minors (Mich. Ct. App. 2017).
“” However, “at the time the petition was filed,” In re MU, 264 Mich App at 279 , the children resided with Miller, a fictive relative, who had power of attorney with regard to the children’s care, MCL 700.5103, and had been appointed the children’s limited guardian under MCL 700.”
in Re Lanning Minors (Mich. Ct. App. 2017).
“” However, “at the time the petition was filed,” In re MU, 264 Mich App at 279 , the children resided with Miller, a fictive relative, who had power of attorney with regard to the children’s care, MCL 700.5103, and had been appointed the children’s limited guardian under MCL 700.”
in Re S R Asher Minor (Mich. Ct. App. 2018).
“Because she could not adequately address her substance-abuse issues, HA placed SRA with her grandparents under a power of attorney, which, as the trial court noted, was only temporary and could be revoked at any time by HA.”
In Re B L Gilland Minor (Mich. Ct. App. 2023).
“) Finally, as relevant to this case, MCL 700.5103(1) states: By a properly executed power of attorney, a parent or guardian of a minor or a guardian of a legally incapacitated individual may delegate to another person, for a period not exceeding 180 days, any of the parent’s or…”
In Re B L Gilland Minor (Mich. Ct. App. 2025).
“Two weeks after petitioner filed its initial petition, respondent executed a delegation of parental authority under MCL 700.5103—which the parties refer to as the “power of attorney” (POA)—delegating his parental responsibility to the paternal grandmother.”
— Mich. Comp. Laws § 700.5103(1) — 6 cases
Woodman v. Kera LLC, 785 N.W.2d 1 (Mich. 2010).
“[52] The lead opinion correctly notes, ante at 15-16, that the common law generally holds minors to a lower standard than an adult.”
In Re Guardianship of Adw (Mich. Ct. App. 2024).
“This delegation of parental powers is given pursuant to MCL 700.5103, and will become effective on the day I sign it.”
In Re B L Gilland Minor (Mich. Ct. App. 2023).
“) Finally, as relevant to this case, MCL 700.5103(1) states: By a properly executed power of attorney, a parent or guardian of a minor or a guardian of a legally incapacitated individual may delegate to another person, for a period not exceeding 180 days, any of the parent’s or…”
20231214_C366405_35_366405.Opn.Pdf (Mich. Ct. App. 2023).
“Despite her long-term imprisonment, respondent-mother contends KMTF did not lack “proper custody or guardianship” because respondent-mother signed a parental power of attorney form on November 2, 2022, that delegated her “parental powers” to her mother, Dixie Derhammer,…”
In Re Guardianship of Mary Ann Malloy (Mich. 2024).
“Auto-Owners argued that it was not required to reimburse for such services because Findling had not complied with MCL 700.5103 of the Estates and Protected Individuals Code (EPIC), MCL 700.”
— Mich. Comp. Laws § 700.5103(2) — 1 case
20231214_C366405_35_366405.Opn.Pdf (Mich. Ct. App. 2023).
“Despite her long-term imprisonment, respondent-mother contends KMTF did not lack “proper custody or guardianship” because respondent-mother signed a parental power of attorney form on November 2, 2022, that delegated her “parental powers” to her mother, Dixie Derhammer,…”
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