Legal Question in Elder Law in Michigan

Re: Declaring someone incompentent

We have had this case with the same circumstances several times. Frankly, you are in a difficult situation. You have to decide whether you are prepared to take on your father. Obviously if he moves to Florida, he will have no support system and is not legally able to make decisions for your "incompetent" mom.

If you are willing to do what is best for your mom, then you need to file in Wayne County probate court an immediate petition for Guardian (GD) and conservator (CV) over your mother. In this petition you need to request an immediate hearing and for a temporary guardian until the court can conduct a full hearing on the matter.

Even though you father has priority under the statute to be appointed GD and CV, however, if you can demonstrate that he is acting in your mothers best interest, then the court will not appoint your father, there is also a risk that they may not appoint one the kids either. they could appoint an independent GD and CV.

You will need medical testimony that your dad is not acting rationally. The case can also be effected if mom previously signed when competent a Durable Power of Attorneys for Heath Care and Financial matters.

If you want to discuss further, please feel free to call me or my partner Andy Mayoras. Before you hire an attorney or go it on your own which would be do it yourself brain surgery, check out our website, thecenterforelderlaw.com or brmmlaw.com.

Good Luck. I know it is a very difficult situation.