Legal Question in Wills and Trusts in Michigan

power of Attorney for elderly parent

From about 12 years ago my brother had been appointed decision maker for our mother after our fathers death. He has always paid all the bills,watched over her social security and insurances etc., but has always been evasive as to what there is remaining, always reluctant to show anything on paper,concerning her finances etc., well now moms health is in question, she may not be able to take care of her self,she may end up in a nursing facility, is there a way that my other brother and sister and myself could have a say in what is done-with finances, a possible sale of the home etc.

Is there such a thing as a ''durable''? am I close in saying that correctly? Where all children have a say in matters, and must be in agreement. How do we go about getting another name added? If only mine, I am second oldest.


Asked on 8/05/07, 10:09 pm

1 Answer from Attorneys
Sanford Mall, JD, CELA Mall Malisow & Cooney, PC

Re: power of Attorney for elderly parent

Your question raises additional questions. You say your brother was "appointed decision maker" for your mother. Was this through a Court? I assume not because that would require him to account for her assets and you (as well as your other siblings) would have an accounting. So, how was he "appointed"? Was this by family agreement? Did your mother add him as an owner / signer on her accounts? Did your mother sign a Durable Power of Attorney appointing him as her Agent? Is your mother still able to express her wishes? If so, what does she want to happen? If not, perhaps the best option at this point would be to Petition the Probate Court. Depending on the findings of the Court it is possible for the Judge to order the outcome you seek. Filing such a Petition does not require a lawyer. However, you may wish to consult a lawyer to determine if you should have help in this matter. Good luck and let me know if we can provide any further assistance.

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Answered on 8/05/07, 10:46 pm


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