Legal Question in Wills and Trusts in Michigan

You need a broad Power of Attorney that gives you the authority to handle his affairs, such as paying bills, receiving money, accessing & handling bank accounts, signing checks (both incoming and outgoing), etc., - basically you step into his shoes. He has to sign the POA in the presence of a notary. Then, you'd need to notify banks, etc., that you are his lawful attorney and agent, provide them a copy of the POA, etc., so they know you have legal authority to act in his place. There are certain things that you cannot do, even if the POA says you can, such as appearing in court (whether civil or criminal proceedings), testifying as if you were him, etc. You also have to anticipate there will be things that come up that you did not foresee, which will require the advice of a lawyer, etc.

For example, say he has a house with a mortgage, and right now you've agreed to move into his house, make all the payments either with his money or yours, and keep the house. But, in a year from now, you lose your job or don't have money to keep paying the house and it goes into foreclosure. If you were able to sell the house, your dad would need to sign documentation to effectuate the sale of the house, however, the POA may not include that power, and would need to be amended or updated accordingly. Furthermore, when it comes to transactions such as selling a house, your dad would likely have to review and sign the paperwork himself (from jail). This is just an example because finances always changes - income can decline or cease, your dad could pass away while in jail, etc.

If you want to retain me to draft the appropriate POA and related paperwork, to ensure that it's legal and encompasses what he desires (and what you need), please feel free to contact me.