Detroit, MI asked in Family Law, Elder Law and Probate for Michigan

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.

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1 Lawyer Answer
Brooke Lauren Archie
Brooke Lauren Archie
  • Estate Planning Lawyer
  • Detroit, MI
  • Licensed in Michigan

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.

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