Paternity is Redefined in Michigan

Paternity in Michigan has been completely redefined. The law in Michigan since 1956 has presumed that a child born in a marriage was the product of that marriage. This presumption existed even if the husband was not the biological father, and that fact could be proven.

As of June 12, 2012, pursuant to a new law signed in by the Governor of Michigan, paternity can now be established by the biological father even if the child was born in a marriage. This new law grants biological fathers rights over presumed fathers (men presumed to be the father because the child was born during the marriage.

However, very specific circumstances have to exist in order for paternity to be established, and there are extensive requirements in place with the new law. The primary circumstance that must exist is that paternity must be sought within 3 years of a child’s birth, or within 1 year of the entry of an Order of Filiation (paternity), whichever is later. This is merely one requirement, and the remaining requirements are too numerous to list here.

There is also a provision in the law allowing paternity actions under the new act even if the 3 year requirement isn’t met, provided they are filed within 1 year of enactment of the new law, again, under specific circumstances.

If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.

New Durable Power of Attorney Requirements in Michigan

On May 23, 2012, the Governor of Michigan signed a new law pertaining to Durable Powers of Attorney. The new law, Public Act 141 of 2012, lists new requirements for Durable Powers of Attorney, which become effective for all Durable Powers of Attorney signed after September 30, 2012.

A Durable Power of Attorney is a legal document that designates an agent who can act on your behalf for all of your financial transactions. Most of the time, Durable Powers of Attorney are effective only upon someone’s disability.

The new law requires that two witnesses sign the Durable Power of Attorney, or that it is notarized, or both. Further, the Durable Power of Attorney is now not effective unless the designated agent signs an acceptance of designation that sets forth all of their duties. This is the most significant change in the law.

While the law is only prospective and has no legal effect on Durable Powers of Attorney signed before October 1, 2012, it is highly probable that the banks will begin to refuse to honor any Durable Powers of Attorney that do not comply with the new requirements. It is a good idea to have an attorney look at your Durable Power of Attorney or revise it to comply with the new law, thus eliminating any potential problem in the future.

If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.