Q: What (in detail) is a verifiable 3rd party in Michigan when it comes to Adult Guardianship visitation & my rights as GA?
I was appointed full Guardian of my mother. I signed a settlement before trial with my sibling (opposing party & lives out of state). Visitation is of subject. The settlement says the following: Social plans for "mom" shall be considered if they conflict with a proposed visit, however, if the plan is not with a verifiable 3rd party, it should not take precedence over family visitations or the visiting party has the option to take "mom" to the activity. Quest #1 Other than a concert or movie, what is a "verifiable" third party? (dinner w/ neighbor, my husband?) Q. If I have tickets to an event, does this mean that the "family visitor" has a right to attend this event with me & mom or does my plans stay the same and the family visitor wait until our time has completed? My sibling is saying that I am to ask "her" to consider changing her plans for visitation, that she has precedence & that I don't have a say in the matter concerning my own plans. Again, I am my mother's guardian.
A: Although many of us will read the terms and think that the meaning is clear, it is apparent that there may be multiple interpretations of the visitation terms that the court has put in place. In instances like this, particularly where there has been discord among the interested parties, the best course of action is to file a Petition for Instruction with the court to seek clarity from the Judge. This will ensure that you do not unknowingly or unintentionally run afoul of what the court intended.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
