Mesa, AZ asked in Elder Law for Michigan

Q: How can I or one of my siblings get Financial and Medical Power of Attorney for our mother and her wife in Michigan?

They are about to be evicted from their apartment and keep getting in financial difficulties where they need money from us. We have asked them to let one of us take over their finances before, but they declined. They both have many serious medical issues, but don't follow through with appointments - in large part because my mom has extreme anxiety about leaving the house. They don't follow through on applying for assistance, or decline it because the residence "has too many rules" and doesn't allow smoking. Her wife had lung cancer, and was receiving disability payments until they got married. She says they took away her disability, but they can't do that just for getting married. A lot of things don't add up. What can we do? Where do we start?

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Elder Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Your concerns suggest a need for more than just powers of attorney, which are revocable at any time by the principle. You may need to explore guardianship, which is a more permanent arrangement, and actually divests your mother from being legally able to make her own decisions. It is unclear though whether your mother requires a guardianship or is just making bad decisions. You cannot get a guardianship just to prevent an adult from making bad decisions.

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