Legal Question in Wills and Trusts in Michigan
father is incpacitated, mother is not on any of his accounts
Father is incapacitated due to a motorcycle accident he has a closed head injury. My mother is not listed on his bank account whatsoever, no one is on the account with him, can she take her marriage certificate to the bank or will guardianship papers need to be filed, he has no durable power of attorney to our knowledge. He totally supports her financially and pays bills that are in her name. My father's bank account was frozen by the bank due to a family member's well intentioned attempt to go to the bank and try to get his PIN number. My father is not currently able to make decisions for himself. Right now, my sister is trying to handle his affairs, I am trying to get information that could help, thank you. We have no real idea how long my father will be incpacitated.
2 Answers from Attorneys
Re: father is incpacitated, mother is not on any of his accounts
Hello. I am sorry to hear about your father. A temporary guardianship and conservatorship is necessary and fairly simple. You will also need to contact the FIA and SSA as your father may be eligible for benefits and a representative payee should be appointed.
I am very familiar with this topic as I have been a guardian/conservator and representative payee myself and have a particular interest in assisting those in need like your father and his family.
If you like, please visit my websites, www.walshlawpllc.com and www.lawrefs.com to check my credentials and find out more about me.
(Please do not rely on this communication which does not create an attorney-client relationship and which is intended merely as a discussion of legal principles and is not to be relied upon.)
Re: father is incpacitated, mother is not on any of his accounts
You need to have someone, like your mother, appointed his guardian and conservator. There is no doubt about this. That will give the person authority to act in his place. The only downside is that the funds must be used strictly for your father's purposes and strict accounts must be kept and reported to the court on a yearly basis. If you or your family want to do this, contact my probate authority Robert Essick (if in the tri-county area) who is located in Southfield. Show him this answer. William S. Stern
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