Legal Question in Family Law in Michigan

What is the difference between guardian and power of attorney my sister and I have to now make decisions for our ill mother but d not want to be responsible for the medical costs?


Asked on 1/07/10, 11:21 am

1 Answer from Attorneys

Kevin Hirzel Meisner & Associates, P.C.

You would not be legally responsible for her medical costs if you were her power of attorney or her guardian. Morally, you may wish to help, but you would have no legal duty to pay for her costs unless you assumed one through a contract.

In Michigan, most people mak a power of attorney to avoid guardianship. Specifically, if your mother is competent and were to nominate you or your sister as her patient advocate, you would make medical decisions for her when she cannot. Similarly, a general durable power of attorney would allow you to handle her finances. A guardianship is put into place for someone who has a physical or mental issue that prevents them from caring for themselves. Either you or your sister could petition the court for guardianship if your mother does not have the legal capacity to execute a power of attorney. The power of attorney is the better way to go if your mother agrees to make one and has the mental capacity to do so as it is easier, less costly, and there is no court supervision.

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Answered on 1/13/10, 8:33 am


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