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She is an Elder and we need to get her an mental evaluation, but she refuses to. How can we have her do this?
My mother-in-law entered a nursing home and it was private pay. We had to pay a month up front. We paid with my credit card. She died after 2 weeks so we are owed a refund. The facility wants to issue the check payable to the estate of mother-in-law but since we paid for it, shouldn't we be... View More 
answered on Nov 7, 2024
I'm sorry to hear of your loss.
Unfortunately, the answer to your question depends on what the agreement says when you made the payment. Without seeing the paperwork it is impossible to provide any real advice. You should consult with a local attorney who can look at the paperwork and... View More
She recently moved in with me due to health issues. I don’t feel she should be driving. I’ve been told if she hurts someone I can be held financially responsible. I’m in Michigan. She’s 84.
answered on Aug 2, 2024
To the extent you own the vehicle she may be driving, then yes.
my mother was on 2 pages of drugs and clearly not able to know what was going on. They took her through the bank drive thru and got added on to her account. The next day took my name off and added theirs and then took out money until it was gone. I got all the bank receipts; I am the executor of... View More
answered on Jul 11, 2024
You've done the right thing and all you can for now. Let the police investigate, which could lead to criminal charges on the caregivers. What your mother wished to happen with the money is not relevant - even assuming you have some proof of those wishes (e.g., a will).
My Dad has a brain injury and my Mom is bad with paying bills. I am fine with being on their accts to help with finances. I want to make sure that if my Dad were to get into an accident or lawsuit that my being on their accts does not put me in a position to have someone come after my husbands... View More
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answered on Jun 2, 2024
Putting yourself on your parents' bank accounts can make it easier to manage their finances, but it does come with potential risks. If you are added as a joint account holder, you could be considered equally liable for any debts or legal issues associated with those accounts. This means that... View More
My father is 84 years old in the early stages of demensia/Alzheimers. He has a girlfriend (58 yrs old) who has lived with him for approximately 6 years. If my father goes into a nursing home or passes what rights will she have, if any? To my knowledge, he has a will that my mother and him put... View More
answered on Mar 27, 2024
There is no such thing as common law marriage in MIchigan. There are no rights obtained from co-habitation. You appear to be on the right path but I would suggest that you also have a complete estate plan prepared for him including a trust while he is still competent enough to know what he is... View More
Petition to terminate? Reconsideration? I had no lawyer either.. judge biass too
answered on Mar 16, 2024
Are you the ward? If so, you should have heard from someone called a guardian at litem to advise you of your rights and options.
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,... View More
answered on Dec 20, 2023
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... View More
The office is closed and no known associates.
answered on Dec 18, 2023
The state bar of michigan has begun a program where solo practitioners need to name a ‘successor agent’ for cases like this.
Try contacting them and fingers crossed he’s named such an agent. …
Prior to becoming a legally incapacitated adult/ward of the Court, I'll call this person Matthew. Matthew and family was granted a protective order against the petitioners progeny, her house has a history of violence.
The state sought charges on the behalf Matthew's mother against... View More
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answered on Nov 28, 2023
No, it would generally not be legal or ethical for guardianship to be granted to someone who has violent felons living in or frequently visiting the home where an incapacitated adult or ward of court resides. There are several issues here:
• The court has a responsibility to thoroughly... View More
You
We have a power of attorney for financial and one for healthcare issues. My sister is named as primary on both with me as successor. We agreed that I would handle finances and she would handle healthcare. The bank wants a letter of resignation from her declining to be the agent for... View More
answered on Oct 30, 2023
Your sister is right to be concerned, creating a need for a conservatorship to be established. While everyone sounds to be in good terms now, you all could elect to do that now to save the hassle of having to do it in the midst of a crisis.
My parent's only asset is her house. She has very little cash. If I loan her money for essential expenses, will I be able to get that money out of the house when it is sold, before Medicaid is eventually reimbursed for nursing home care? Thank you.
answered on Oct 3, 2023
I suggest a Ladybird deed which would transfer the house to you on Death and there would be no Medicare recovery
I'm her only child and she's not married. The only thing she has left is some clothes and a few nick nacks. I intend to donate most of it to good will. How do I go about being named executor? Since she had nothing why would I want to be named executor? She was married for a long time to a... View More
answered on Aug 21, 2023
You say she didn't have anything but then add she has a 10,000 (plus judgment interest?) debt owed to her. Therefore she DOES have something to probate: her interest in that judgment.
The question becomes is it worth it to begin probate for the POSSIBILITY of recovering 10k? The... View More
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answered on Aug 18, 2023
Absolutely, in Michigan and many other jurisdictions, you can certainly create a Power of Attorney (POA) revocation letter in advance and retain it for potential future use. This proactive approach allows you to be prepared should you ever need to revoke a previously granted power of attorney. Your... View More
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answered on Aug 18, 2023
Depending on the circumstances, there might be specific grounds for dissolution outlined in the trust document, or it may require the agreement of all beneficiaries. If all beneficiaries are in agreement, the process can be more straightforward. However, if the trust document does not provide for... View More
I'm his daughter his benifituary the nursing home is sueing me for the bill and trying to take his house that he left me I am on the deed what do I do the nursing home already file a summons
answered on Aug 17, 2023
You need to be in touch with an elder law attorney asap. First, that person will need to help you figure out if you are being sued individually or in the capacity of the estate representative. If they are trying to take the house, I imagine you are involved in your capacity as the estate... View More
Mom has dementia, but she is coherent; very forgetful too. She currently lives in rehab center. Mom now wants me to inherit. However, she cannot advocate for that. I am banned ( but I snuck in twice). CT has mom’s ID. Anything I can do short of suing for guardianship?
answered on Aug 5, 2023
No. You would need to petition the probate court for guardian and conservatorship. If this caretaking has proper documentation in the form of a POA, you face a significant uphill battle.
You say you are banned from seeing your mother; By whom? And why? Depending on your answers, you're... View More
Called the cops I opened my br door 4 the police when they asked. But they arrest
ed me for a warrant I had. Well when I went to jail the owner of the house sons went in my room without permission when police arrested me. Isn't that illegal in Michigan
answered on Aug 1, 2023
Not necessarily. A lot will depend on the condition of the man you lived with and whether you can establish tenancy. It sounds like the man has some mental or age-related conditions going on, causing some concerns from his sons about his vulnerability. Regardless of your intentions, you do not want... View More
My grandmother is in agreement about selling her house but the family wants to make sure that this will not result in any negative outcomes. She is paying out of pocket for the assisted living as it is not otherwise covered. She has SSI and Medicare only. She is not eligible for Medicaid, nor are... View More
answered on Jun 27, 2023
This situation is complex enough to warrant a consult with an elder law attorney AND a financial planner to help you all run through various scenarios and outcomes. In fact, there is so many products and strategies out there that you may just want to get at least two solid opinions because there... View More
answered on Feb 19, 2023
Some of us wish we lawyers had such superpowers, but the reality is that only a judge has that power. The affected person has due process rights and so is entitled to a hearing.
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