Mich. Comp. Laws » Michigan Compiled Laws / Chapter 700 / Act 386 of 1998
Michigan Compiled Laws

Mich. Comp. Laws § 700.5501 (2026)

Repealed. 2023, Act 187, Eff. July 1, 2024.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.5501 Repealed. 2023, Act 187, Eff. July 1, 2024.

    Repealed. 2023, Act 187, Eff. July 1, 2024.

Compiler's Notes:

    The repealed sections pertained to the execution, application, and revocation of a durable power of attorney.

PopularName Notes:

EPIC
Notes of Decisions
Cited in 13 cases (5 in the last 5 years), 2002–2025 · leading case: In Re Capuzzi Est., 684 N.W.2d 677 (Mich. 2004).
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In Re Capuzzi Est., 684 N.W.2d 677 (Mich. 2004). · cites it 4× “§ 700.5501 et seq. ; Kuite v. Lage, 152 Mich.”
Persinger v. Holst, 639 N.W.2d 594 (Mich. Ct. App. 2002). “MCL 700.5501 provides, in pertinent part: A durable power of attorney is a power of attorney by which a principal designates another as the principal’s attorney in fact in writing and the writing contains the words “This power of attorney is not affected by the principal’s…”
In Re Cummin Est., 671 N.W.2d 165 (Mich. Ct. App. 2003). · cites it 2× “§§ 700.5501, 700.5502. Accordingly, if decedent consented to the transaction with knowledge of its details, the timing of the transaction does not prevent its enforcement.”
20231130_C362333_45_362333.Opn.Pdf (Mich. Ct. App. 2023). · cites it 23× “The complaint listed five counts: self-dealing (Count I), breach of duty of good faith and loyalty (Count II), violation of MCL 700.5501 (Count III), violation of MCL 600.”
Lucinda K Moench v. Frankenmuth Credit Union (Mich. Ct. App. 2025). · cites it 12× “Given that there is no language indicating that the principal has a cause of action against the third party, we agree that there is no express cause of action.”
In Re Conservatorship of Bjh (Mich. Ct. App. 2025). · cites it 6× “5501 set forth certain requirements of a durable power of attorney and provided, in relevant part: 4 Mifsud does not challenge the probate court’s findings with regard to any disallowed amount of the second amended third accounting.”
Laura Abbonizio v. Bank of Am. Na (Mich. Ct. App. 2017). · cites it 3× “Abbonizio’s assertion that the powers of attorney were invalid because they do not comport with the formalities of a durable power of attorney under MCL 700.5501 is disingenuous. Abbonizio contests the validity of the powers of attorney based on the failure to have her signature…”
Laura Abbonizio v. Bank of Am. Na (Mich. Ct. App. 2017). · cites it 3× “Abbonizio’s assertion that the powers of attorney were invalid because they do not comport with the formalities of a durable power of attorney under MCL 700.5501 is disingenuous. Abbonizio contests the validity of the powers of attorney based on the failure to have her signature…”
Perkins v. Gen. Motors, LLC (E.D. Mich. 2020). · cites it 2× “§ 700.5501 et seq., when Defendant allegedly refused to accept Plaintiff’s counsel’s tenders of power of attorney.”
Lucinda K Moench v. Frankenmuth Credit Union (Mich. Ct. App. 2025). · cites it 2× “I write separately to simply point out that the road getting to that conclusion contains a preservation hurdle.”
People of Michigan v. Shawn Kristi Dicken (Mich. Ct. App. 2016). “MCL 700.5501(1). A guardian is appointed after a person has been found to be legally incapacitated.”
in Re Trombly Est. (Mich. Ct. App. 2020). “, the court’s power to order the trustee to provide statements of account and other information under MCL 700.7814(4) remains. MCL 700.7105(2)(j).”
Show all 13 citing cases →
— Mich. Comp. Laws § 700.5501(1) — 4 cases
People of Michigan v. Shawn Kristi Dicken (Mich. Ct. App. 2016). “MCL 700.5501(1). A guardian is appointed after a person has been found to be legally incapacitated.”
Laura Abbonizio v. Bank of Am. Na (Mich. Ct. App. 2017). “Abbonizio’s assertion that the powers of attorney were invalid because they do not comport with the formalities of a durable power of attorney under MCL 700.5501 is disingenuous. Abbonizio contests the validity of the powers of attorney based on the failure to have her signature…”
Laura Abbonizio v. Bank of Am. Na (Mich. Ct. App. 2017). “Abbonizio’s assertion that the powers of attorney were invalid because they do not comport with the formalities of a durable power of attorney under MCL 700.5501 is disingenuous. Abbonizio contests the validity of the powers of attorney based on the failure to have her signature…”
20231130_C362333_45_362333.Opn.Pdf (Mich. Ct. App. 2023). “The complaint listed five counts: self-dealing (Count I), breach of duty of good faith and loyalty (Count II), violation of MCL 700.5501 (Count III), violation of MCL 600.”
— Mich. Comp. Laws § 700.5501(2) — 3 cases
Laura Abbonizio v. Bank of Am. Na (Mich. Ct. App. 2017). “Abbonizio’s assertion that the powers of attorney were invalid because they do not comport with the formalities of a durable power of attorney under MCL 700.5501 is disingenuous. Abbonizio contests the validity of the powers of attorney based on the failure to have her signature…”
Laura Abbonizio v. Bank of Am. Na (Mich. Ct. App. 2017). “Abbonizio’s assertion that the powers of attorney were invalid because they do not comport with the formalities of a durable power of attorney under MCL 700.5501 is disingenuous. Abbonizio contests the validity of the powers of attorney based on the failure to have her signature…”
20231130_C362333_45_362333.Opn.Pdf (Mich. Ct. App. 2023). “The complaint listed five counts: self-dealing (Count I), breach of duty of good faith and loyalty (Count II), violation of MCL 700.5501 (Count III), violation of MCL 600.”
— Mich. Comp. Laws § 700.5501(3) — 1 case
In Re Conservatorship of Bjh (Mich. Ct. App. 2025). “5501 set forth certain requirements of a durable power of attorney and provided, in relevant part: 4 Mifsud does not challenge the probate court’s findings with regard to any disallowed amount of the second amended third accounting.”
— Mich. Comp. Laws § 700.5501(3)(c) — 2 cases
in Re Trombly Est. (Mich. Ct. App. 2020). “, the court’s power to order the trustee to provide statements of account and other information under MCL 700.7814(4) remains. MCL 700.7105(2)(j).”
In Re Conservatorship of Bjh (Mich. Ct. App. 2025). “5501 set forth certain requirements of a durable power of attorney and provided, in relevant part: 4 Mifsud does not challenge the probate court’s findings with regard to any disallowed amount of the second amended third accounting.”
— Mich. Comp. Laws § 700.5501(3)(d) — 2 cases
20231130_C362333_45_362333.Opn.Pdf (Mich. Ct. App. 2023). “The complaint listed five counts: self-dealing (Count I), breach of duty of good faith and loyalty (Count II), violation of MCL 700.5501 (Count III), violation of MCL 600.”
In Re Conservatorship of Bjh (Mich. Ct. App. 2025). “5501 set forth certain requirements of a durable power of attorney and provided, in relevant part: 4 Mifsud does not challenge the probate court’s findings with regard to any disallowed amount of the second amended third accounting.”
— Mich. Comp. Laws § 700.5501(5) — 2 cases
Lucinda K Moench v. Frankenmuth Credit Union (Mich. Ct. App. 2025). “Given that there is no language indicating that the principal has a cause of action against the third party, we agree that there is no express cause of action.”
Lucinda K Moench v. Frankenmuth Credit Union (Mich. Ct. App. 2025). “I write separately to simply point out that the road getting to that conclusion contains a preservation hurdle.”
— Mich. Comp. Laws § 700.5501(7) — 1 case
20231130_C362333_45_362333.Opn.Pdf (Mich. Ct. App. 2023). “The complaint listed five counts: self-dealing (Count I), breach of duty of good faith and loyalty (Count II), violation of MCL 700.5501 (Count III), violation of MCL 600.”
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