Property: other; act validating conveyances made by attorney in fact; revise gender-specific language. Amends sec. 2 of 1861 PA 21 (MCL 565.602). TIE BAR WITH: HJR F'25

2025-2026 Regular Session Introduced by Joey Andrews and 25 co-sponsors

Sets the validity of deeds by an attorney-in-fact for spouses through a joint power of attorney, conveyed as if both spouses signed in person.

bill electronically reproduced 06/10/2025

#civilrights:sexualorientationdiscrimination #property:other

Purpose / Intent

HB 4614 updates and modernizes a 1861 statute (1861 PA 21, sec. 2; MCL 565.602) that validates certain real‑estate conveyances made by an attorney‑in‑fact. The bill replaces gender‑specific terms with gender‑neutral language and clarifies that deeds made by an attorney under a joint power of attorney, executed, acknowledged, and recorded in the same manner as joint deeds, are to be treated as valid to convey legal title as if the spouses had executed the deed in person.

Key provisions

Amends section 2 of 1861 PA 21 (MCL 565.602).

Replaces gendered phrases such as “married woman,” “husband,” and “wife” with gender‑neutral terms like “individual” and “spouse.”

States that a deed of land in this state made by an individual jointly with the individual’s spouse by their attorney‑in‑fact under a joint power of attorney, when executed, acknowledged, and recorded as required for a joint deed, shall be deemed valid and effectual to convey legal title as if both spouses had executed and acknowledged the deed in person.

Includes an enactment contingency: the amendatory act does not take effect unless a specified constitutional amendment (Senate Joint Resolution ____ or House Joint Resolution F (request no. H00781'25)) becomes part of the Michigan Constitution under Article XII, §1. The bill is tie‑barred with HJR F'25.

Who is affected

Married persons (spouses) executing conveyances by joint power of attorney and their attorneys‑in‑fact.

Grantees, purchasers, title companies, and registrars of deeds who rely on the validity of recorded conveyances.

Persons tracing title (since the provision deems attorney‑in‑fact conveyances valid “as between the parties thereto, to the deed, and all persons claiming under or through them”).

Government offices that record deeds (registers of deeds) — procedure for acknowledgement and recording remains the same.

Procedural / timeline notes

Filed: March 12, 2025 (sponsored by Rep. Erin Byrnes).

Committee activity, hearings, and substitute actions occurred in April–May 2025.

Legislative entries show readings and a passage/engrossment sequence in mid‑May 2025.

Bill was electronically reproduced and formally introduced/referred to the Committee on Government Operations on June 10, 2025.

The bill’s effectiveness is contingent on a companion constitutional joint resolution (HJR F'25 / SJR) being adopted and becoming part of the state constitution.

Impact overview

Primarily a technical and modernization change: removes archaic gendered language and affirms the legal validity of joint power‑of‑attorney conveyances when properly executed and recorded.

Likely to reduce title disputes or defects arising from questionably executed attorney‑in‑fact deeds and align the statute’s language with contemporary marital and nondiscrimination norms.

Will not take effect unless the linked constitutional amendment is approved and ratified as required.

Bill