Article 5, Part 5  Durable Power of Attorney and Designation of Patient Advocate - Menu

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Does the probate court have jurisdiction to hear a dispute between a competent principal and former attorney-in-fact? (ref. sections 1302(d), 1303(1)(j) and 5503(1)) 0659

May a co attorney in fact petition for an accounting from the other attorney in fact and what information should be available to an attorney in fact concerning the principal's financial situation including estate planning? (ref. sections 5303(1) and 7303) 0622

Can the agent under a general durable power of attorney act for the incapacitated personal representative until the personal representative’s death? (ref. sections 3715(v), 1510 and 5501) 0615

Absent a guardianship or conservatorship, does probate court have jurisdiction to hear a dispute about activity under a power of attorney initiated by a third party? (ref. sections 1302(d), 1303(d) and 1104(e); MCR 5.119 and 5.125(C)(31)) 0601

How must a power of attorney be amended? (ref. sections 5501 and 5506(4)) 05507
May an individual formally appointed as patient advocate assign his or her authority to another? (ref. section 5509(1)(g)) 0492
May an attorney in fact under a durable power of attorney terminate a trust? (ref. section 5501) 0457
If both parents become incapacitated, what would be the best way to effectuate a parental appointment of a guardian for a minor child? (ref. sections 5202, 5103 and 5503) 0338
May a patient appoint two individuals to serve as co patient advocates, and if so, would one have the power to act as patient advocate independently of the other? (ref. section 5506) 0229
Can a Canadian citizen be appointed as a trustee, patient advocate or attorney in fact? (ref. sections 7201, 5506 and 5501) 0210
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Last Updated:  11-18-09

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