Michigan Power of Attorney for Minor Child

What a Parental Power of Attorney Does in Michigan

When a parent can't be there — whether because of rehab, a work assignment, military deployment, or a medical crisis — Michigan law provides a way to hand daily decision-making to a trusted adult without going to court.

MCL 700.5103, part of Michigan's Estates and Protected Individuals Code (EPIC), allows a parent or court-appointed guardian to delegate powers over a child's care, custody, and property to another person through a written power of attorney. The person you name — often a grandparent, aunt, uncle, or family friend — becomes the "attorney-in-fact" and can handle school enrollment, medical appointments, dental visits, and everyday permissions on the child's behalf.

The 180-Day Rule

Every delegation under MCL 700.5103 expires after a maximum of 180 days. There is no automatic renewal. If the parent is still unable to resume care at day 180, they must sign a completely new power of attorney for the next period. Set a calendar reminder around day 150 to give yourself time to arrange re-signing.

The one exception: if the parent is serving in the U.S. Armed Forces and deployed to a foreign nation, the power of attorney can extend until 31 days after the deployment ends.

What the POA Covers

A properly drafted MCL 700.5103 POA lets the attorney-in-fact:

• Enroll the child in school and sign school-related forms
• Consent to routine medical, dental, and mental health care
• Manage everyday decisions like extracurricular activities and field trips
• Access the child's medical and school records
• Apply for benefits on the child's behalf through MI Bridges
• Fill prescriptions and schedule specialist appointments

What It Cannot Do

Michigan law draws firm lines. A power of attorney under this section cannot:

• Consent to the child's marriage
• Consent to the child's adoption
• Execute an adoption release
• Permanently transfer legal custody (using the POA to circumvent custody laws violates MCL 750.136c)

The parent remains the legal custodian throughout. They can revoke the delegation at any time by notifying the attorney-in-fact in writing.

How to Execute It Properly

MCL 700.5103 requires a written instrument signed by the parent. While the statute doesn't mandate notarization, having the signature notarized — or witnessed by two disinterested adults — makes a significant practical difference. Schools, hospitals, and pediatricians are far more likely to accept a notarized document without pushback.

If a court-appointed guardian (not a parent) is the one delegating, they must notify the Probate Court within 7 days, providing the attorney-in-fact's name, address, and phone number.

Michigan does not have an official statewide POA form for this purpose. The MSU Kinship Care Resource Center publishes a model "Temporary Authorization for Kinship Care" template, and Michigan Legal Help offers a guided interview tool. Either approach works as long as the document identifies the parent, child, and attorney-in-fact, specifies the delegated powers, and is properly signed.

When a POA Isn't Enough

A power of attorney requires a cooperative, reachable parent. If the parent is deceased, missing, incarcerated long-term, or refuses to sign, you need a different path — typically a Probate Court guardianship petition using SCAO Form PC 651 (full guardianship) or PC 650 (limited guardianship with parental consent).

The Michigan School and Medical Consent Guide covers the POA process in detail alongside the school enrollment rules, medical consent protocols, and the decision framework for when court action becomes necessary.

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