Legal Question in Wills and Trusts in Michigan
Durable Power of Attorney
My mother was given durable power of attorney for my stepfather while he was still mostly competent. I was named as her second, or replacement, if anything happened to her. When she died, the judge gave me guardianship but not conservatorship. He said the power of attorney was no longer valid since my mother had died. He would not explain why my being named as her second was not valid. Please explain why I should or should not be his power of attorney. Even the lawyer that prepared the document thought this would ensure the future of my stepfather. Thank You.
2 Answers from Attorneys
Re: Durable Power of Attorney
My guess is that he wanted you to be accountable to the probate court to monitor expenditures, etc.
Re: Durable Power of Attorney
Hello, I have received your e-mail regarding a durable power of attorney that your step-father signed. You should be able to serve under the Power. The Court always has the authority to appoint a conservator but it is unusual for that to be done if there is someone who has a durable power of attorney. I would guess that the judge did what was done to better assure the protection of your step-father's assets. You can consult with an attorney to determine how to proceed. Good Luck. John C. Talpos (http://www.Mich-Lawyer.com)
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