Power of Attorney
Secure your Michigan wellness practice with a professional Power of Attorney. Compliance with MCL 566.132 and MI-specific liability protections.
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As a wellness coach in Michigan, your business depends on personal guidance, client confidentiality, and adherence to specific scope-of-practice boundaries. If you were suddenly unable to manage your... Read more
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As a wellness coach in Michigan, your business depends on personal guidance, client confidentiality, and adherence to specific scope-of-practice boundaries. If you were suddenly unable to manage your affairs, an agent must be empowered to handle sensitive intake forms, manage accountability subscriptions, and ensure your marketing stays compliant with the FTC Act regarding health claims. This Michigan-specific Power of Attorney safeguards your practice from being frozen, ensuring someone you trust can manage client data under the Michigan Data Breach Notification Act and uphold your contractual obligations in your absence.
Beyond the standard power of attorney sections, this template adds fields specific to Wellness Coach:
A power of attorney (POA) is a legal document that enables one person (the principal) to designate another person (the agent or attorney-in-fact) to make decisions and act on their behalf in specified or all matters. The document serves as a legal empowerment that allows the agent to manage affairs such as financial transactions, health care decisions, and legal proceedings, thereby ensuring the principal's affairs can be managed even if they are incapacitated or unavailable to oversee them directly.
Scope of Practice Violations
Contracts should clearly define the services offered and include disclaimers that coaches do not provide medical advice or therapy.
Results Liability
Use of disclaimers in contracts stating that results are not guaranteed and depend on client commitment and personal efforts.
Unlicensed Health Advice
Written agreements that emphasize the coaching role is advisory, not prescriptive or diagnostic, recommending clients to consult licensed healthcare providers.
For this power of attorney to be legally valid:
Common mistakes to avoid:
Health Insurance Portability and Accountability Act (HIPAA)
While wellness coaches are not typically covered entities under HIPAA, they must be aware of privacy concerns when handling clients' personal health information.
Enforced by U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR)
Federal Trade Commission Act (FTC Act)
Governs advertising and marketing practices to prevent misleading information, which can impact wellness coaches making health-related claims.
Enforced by Federal Trade Commission (FTC)
Telehealth and Telemedicine Guidelines
Wellness coaches providing services via telehealth must adhere to state and federal telehealth laws which may vary, ensuring communication practices adhere to state requirements.
Enforced by State Medical Boards and Federal Communications Commission (FCC)
Recommended coverage: Professional Liability Insurance (Errors & Omissions) · General Liability Insurance · Cyber Liability Insurance · Personal Injury Insurance
This document allows you to specify whether your agent has the authority to oversee existing client interactions. However, your agent must avoid providing unlicensed health advice. To mitigate liability, ensure your coaching contracts stipulate that the relationship is advisory, not medical, and that the agent maintains the same professional boundaries you established.
Under MCL 566.132, certain long-term agreements must be in writing to be enforceable. By documenting your agent's authority and specific durational provisions in writing, you satisfy Michigan's legal requirements for agency and business oversight, preventing disputes with vendors or landlords.
The agent is bound by the Michigan Data Breach Notification Act. They must ensure that all personal health information and intake forms are managed securely. The Power of Attorney should specify that your agent has access to your digital records to maintain client confidentiality and comply with Bullard-Plawecki disclosure requirements if you have employees.
State laws affect what must be in this document. Pick your jurisdiction.
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