Legal Question in Family Law in Michigan

Re: power of attorney

If your grandmother is already affected by a mental disability or otherwise legally incompetent, it is too late for her to sign a valid power of attorney. Rather, it would be necessary and/or appropriate to have a guardian (who makes decisions regarding care) and/or conservator (who makes decisions regarding finances) appointed for her. Any person may petition the court for a guardianship or conservatorship. Living arrangement options for your grandmother could vary, from home care to assisted living to a nursing home, but these decisions are best made in light of your grandmother's current physical and mental condition. If you have any further questions, please feel free to contact me at [email protected] or consult my attorney profile on lawguru.com. Thank you.

Re: power of attonery

Hello, I have received a copy of your post regarding your grandmother. There are 3 possibilities for you to consider. First, your grandmother can give you a Power of Attorney. That document will let you transact financial matters on her behalf. If it is a "Durable" Power of Attorney it will continue in effect even if she bcomes incompetent in the future. You will not need to report to anyone other than to her if she want you to. You will have to obtain her signature on it. The second possibility is to petition the court to become her Conservator. A Conservator has the duty to marshall all of the ward's assts and to use them for the benefit of the ward. The Conservator does have to report annually to the Court. Your grandmother can agree to this appointment if she wishes, but the Court can appoint you even if she opposes the appointment. The third possibility, if the facts warrant it, would be to have your grandmother create a Trust and name both of you as Joint Trustees. That way either of you could handle her financial matters in accordance with the instructions set forth in the trust. None of theses positions have any effect on where your grandmother can live. If you have further questions, feel free to call me. John C. Talpos (http://www.Mich-Lawyer.com)

Re: power of attonery

I am sorry that your Grandmother is in such a state, it may be possible for either you or another individual to be appointed as her legal guardian, or a power of attorney might be obtained if your Grandmother is competent to sign such a document however I would need to speak with you directly regarding her condition and review any information (medical documents) indicating her present condition. The second part of your question depends on to what extent she is now mentally challenged and what kind of assistance she needs - I am not the best person to decide this - instead, I would talk with her primary care doctor or the administrator of the seniors home if she currently resides in one.

If I can be of assistance to you in this matter do not hesitate to call me directly at 734-944-2269

Kindest Regards,

Geoff Lahn