Legal Question in Wills and Trusts in Michigan

My 82 year old father lives in Dearborn Heights, Michigan. My 75 year old mother has Alzheimers and about 2 months ago had to leave my fathers home to live with my sister and she stays with Sister #2 while Sister #1 is at work. Sister #2 has obtained a Power of Attorney for my Mom, not sure exactly what type of POA. She has since removed my Mom's monthly pension and Social Security income for my parents joint bank account, leaving my Dad with 1/2 of his total monthly income to pay their mortgage and household expenses, for which he does not have enought money now to do.

Does Sister #2 have the right to the POA even though my father, who is heatlhy and alive, making his own decisions, was never consulted or knew anything about the POA. We are afraid my mother was tricked into signing over the POA because she is in the third state of Alzheimers. What legal action can my Dad take, or how can his other siblings (myself included) help him?


Asked on 9/22/10, 1:23 pm

1 Answer from Attorneys
John Tatone John R. Tatone & Associates PLC

A POA that is signed by an person without sufficient mental capacity is not valid. You could petition the court for conservatorship and guardianship over your mother. Whoever is appointed would have control over your mother's finances and would have to account for all the money that is spent. Please contact me to discuss this matter in detail 888-988-5297 (LAWS)

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Answered on 9/27/10, 1:31 pm


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