Legal Question in Wills and Trusts in Michigan

Re: How to get power of attorney over my mentally ill brother.

I have received your recent post regarding your brother's unfortunate conditin. In Michigan a Power of Attorney must be signed willingly by the person giving it, i.e., your brother. It doesn't sound as if he will do that. Therefore your only recource is to petition the probate court (family division) in the county where he resides to appoint a guardian and conservator. You will need medical affidavits to do that. This is one of the areas of concentration in our firm. Contact my associate office manager, Rita Mallon, to schedule an appointment if you want to discuss retaining our firm to assist you. Good Luck, John C. Talpos (http://www.Mich-Lawyer.com)

Re: How to get power of attorney over my mentally ill brother.

Your brother can give a power of attorney only if he is competent to do so. From what you have stated in your question it sounds like he either isn't competent or won't cooperate.

If he is mentally ill, you proceed under the mental health code, and do not need an attorney. You have to show he is a danger to himself or others. If this is proven, he will be committed for a time.

The other alternative is filing with the court for a guardian/conservator, but if he is mentally ill (as opposed to mentally imcompetent, and frequently mental illness causes one to be incompetent)the court will not appoint a guardian and conservator and will instruct you to file under the mental health code.

I suggest you go to the local probate court and start a proceeding under the mental health code.

If for some reason a guardian/conservatorship is allowable, our office handles these procedures.

Your brother may be in the 'gray' area. A person who is not mentally ill or incompetent has the right to make bad decisions. Hard to take when you are watching him drink himself to death.

Hope this helped.

Pat Prince