Legal Question in Wills and Trusts in Michigan
elder's estate
I have one living parent and the oldest brother had my mom sign over power of attorney for health matters among other items without my knowledge. I am the youngest and live in MI. He lives in CA. Do i have legal rights to copies of all the documents since my mother is still alive and is the excecutor of the estate? She does not have copies and she is 83 and has early signs of alzheimer's/demensia and I feel she was taken advantage of when my dad passed away. Could you please explain to me what my rights are? Thank you.
2 Answers from Attorneys
Re: elder's estate
You have whatever authority your mother gives you. Certainly if your mother wants access to any records, she should request them in writing. Furthermore, she can always revoke a power of attorney and have a new one prepared. Anything she does, because of her condition, should be witnessed by objective parties.
Furthermore, if you think you are in the best position to protect her, perhaps you should become her guardian / conservator.
If you would like further information or assistance, please contact me via my website at www.lawrefs.com. I do have experience with guardianship / conservatorship and estate planning matters. There are articles that relate to your issue which you will find informative in making your decisions. Good luck.
Re: elder's estate
the best bet would be to file for both a conservatorship and guardianship in the probate court. You then can have official control over things. Contact me or visit www.kliszlaw.com for more info. Tim Klisz
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