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Michigan Elder Law Questions & Answers
1 Answer | Asked in Elder Law and Estate Planning for Michigan on
Q: My mother is going to be in long term care. We live in a manufactured home together. It is in her name. There is approx.

$7000 owed. Worth 60000. Can I buy it for what is owed and sell it at a later date without medicaid claiming it?

Brent T. Geers
Brent T. Geers
answered on Nov 29, 2022

You may want to talk with an estate planning / elder law attorney. There are ways of achieving what you're seeking, but buying it for what is owed is not one of them.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Michigan on
Q: Who would I speak to in re: to not being able to cash a check that is in me & my dads name and Im POA?

My dad is currently in the hospital, unfortunately looking at hospice, sold his home, I'm POA in Fact and neither bank that he previously had accounts with wont allow me to cash/deposit them and both our names are on the check. I'm also being prevented from opening an account and cashing... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 16, 2022

You have a written PoA that the banks won’t honor?

Without SEEING the documents it is impossible to provide useful advice. Who drafted the PoA? That would be the best attorney to approach but ANY estate planning attorney in your area can help — IF you provide them a copy of the...
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1 Answer | Asked in Family Law and Elder Law for Michigan on
Q: If a defendant ignores contempt of court declaration, what happens?

Defendant is 94 years old.

Brent T. Geers
Brent T. Geers
answered on Oct 7, 2022

Way too much going on here that we don't know to form an opinion. If there is contempt, you can bring it to the court's attention, usually through a motion.

1 Answer | Asked in Elder Law for Michigan on
Q: I am 91 years old. If I am home alone and get hurt will my POA get into trouble legally
Brent T. Geers
Brent T. Geers
answered on Aug 23, 2022

No. Not unless your POA did something or failed to do something.

1 Answer | Asked in Elder Law and Health Care Law for Michigan on
Q: Mr. GEERS, None of the possible reasons you suggested apply or fit my mom's situation.

Dr. Kavanagh immediately suggested "pulling the plug" and after two visits to Borges we got her to Bronson where A bowel blockage was surgically removed, my Mom was sent home after only 24 hours and is recovering.

Brent T. Geers
Brent T. Geers
answered on Aug 2, 2022

Thank you. It sounds like you may have a civil or administrative issue to address with Borges or that particular doctor; you should start there to address your concerns about that sign. The other answers provided were all within the whelm of possibilities depending on the totality of the... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law, Elder Law and Health Care Law for Michigan on
Q: Why would ascension Borgess Kalamazoo put a sign outside my mom's room 357 saying DO NOT INCLUDE ME IN REPORT???

After taking a snapshot of this sign six plainclothes security one uniformed approached ordered me into the hall asked why I'm taking, I replied because this is my Mom and I love her. They took my id and would not return it until I agreed to leave, I had done nothing but take this picture. If... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 1, 2022

A number of reasons, all of which depend on facts you are not disclosing in your question. Could be as simple as they are acting on instructions from the proper patient advocate - perhaps your mom's spouse or one of your siblings. Maybe there is an adult protective services investigation or... Read more »

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Michigan on
Q: Can a sibling sign herself up for POA over a parent who has dementia without informing her other siblings?
Kenneth V Zichi
Kenneth V Zichi
answered on May 12, 2022

No -- and there are several issues rattling around in your question that SCREAMS your family need to get real advice from a local estate planning attorney.

If someone lacks 'testamentary capacity' because of dementia or any other illness, they cannot create estate planning...
Read more »

1 Answer | Asked in Elder Law, Nursing Home Abuse and Personal Injury for Michigan on
Q: HOW TO FILE A NEGLIGENCE COMPLAINT AGAINST A DR., SPARROW, AND ANURSING HOME/ SOCIAL WORKER?

THIS HAS TO DO WITH MY SISTER WHO HAS A MENTAL CONDITION FOR YRS .LAST YR SHE FELL AND WAS TAKEN TO CARSON HOSPITAL FOR THAT . THAT IS WHERE THE NIGHTMARE BEGAN. SHE HAD BEE TAKING CLOIRIL FOR YRS AND I RECOGNIZED IT WAS AFFECTING HER SPEECH AND HER ARMS BECAME JERKY AND BECAUSE OF BEING AROUND... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2022

You have two potential issues: 1) medical malpractice, and 2) nursing home abuse / neglect. The latter is one you can more readily start by contacting the facility, omsbudman, or the state's complaint website. The former would require gathering medical documentation and finding a medical... Read more »

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Michigan on
Q: guardianship says I need permission to move aunt out of Michigan how do I petition court?

Aunt is in nursing home in Michigan, I need to move her to Ohio. I am next of kin and have guardianship. I told the judge I wanted guardianship specifically to move her to Ohio. He said I have 4 months to do so, but paperwork states I can not move her out of state. No one is giving me the... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 28, 2022

You will likely need to file a petition and order in the court that granted you guardianship.

1 Answer | Asked in Elder Law for Michigan on
Q: I am a recent gaurdian for a very good friend. I now have acres to her banking. I have seen that she has $4300.00.

In her checking (she is on Medicaid and facility). I know $2000.00 is allowed in this account. What can I do with the extra for her. We have already paid for funeral.

Brent T. Geers
Brent T. Geers
answered on Dec 31, 2021

You should consult an elder law attorney before doing anything with that money. But generally, there are many things that you can spend money on in a "spend down" strategy.

1 Answer | Asked in Civil Rights, Elder Law and Probate for Michigan on
Q: What do I need to file in order to be added as an interested person? Person is still living. More details included.

A man who was like a father to me growing up is now under probate court. His cousins have guardianship and conservator. They said now is not a good time. I've gone to his old residence a few times and they're refusing to tell me where he is now living. What I've gathered is an... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 31, 2021

You're in a tough spot. If his family is unwilling to tell you where he is, you could try going to the probate court to look at the record. But even with that, his family could legally tell the facility not to let you see him. Whether they would do that or not, we can't tell.... Read more »

1 Answer | Asked in Elder Law and Health Care Law for Michigan on
Q: Are we able to retain ownership of our home if we qualify for Medicaid; what is the max. income to qualify for Medicaid?

Are there other assets Medicaid can take from our estate?

Brent T. Geers
Brent T. Geers
answered on Nov 24, 2021

Depends on who you mean by "we" and who would be the qualifying person for Medicaid. Ordinarily, the value of the primary residence is exempt for qualification purposes; you can "keep" it while the person is alive. However, once a person dies, the state may seek to recover what... Read more »

1 Answer | Asked in Elder Law for Michigan on
Q: Hello, my Mother is 90 years old. She is in a long term care facility. She is unable to make decisions for herself.
Don L Rosenberg
Don L Rosenberg
answered on Nov 15, 2021

I know dealing with your mother's health challenge especially under a pandemic. If your mother cannot make decisions for herself and there isn't a health care power of attorney, I am afraid you will need to become her guardian in probate court to make her care, custody, day to day, end... Read more »

1 Answer | Asked in Elder Law for Michigan on
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... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 11, 2021

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... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Michigan on
Q: How do I remove myself as alternate or substitute agent from both financial and healthcare Power of Attorney documents?

This is in the State of Michigan.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jul 4, 2021

There are two ways to do this. The first way is to inform the maker of those instruments that you are not willing to serve and ask that he or she revoke the existing instruments and make new ones. If that is not possible, then you can simply decline to serve. This should be done in writing and... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for Michigan on
Q: Mom is in the hospital in California and wants to do a ladybird deed for her house in Michigan how do we proceed?
Brent T. Geers
Brent T. Geers
answered on Jun 21, 2021

You should have a Michigan attorney draft the deed, and then somehow, your mother will need to sign it before a California notary.

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1 Answer | Asked in Elder Law for Michigan on
Q: My father in law is gifting us money for a new home. It is over $80,000. I know we will have to fill out a tax form.

Will he have to pay gift tax or only after he exceeds lifetime amount. Also, we are his caregivers and he will move into this house with us

Michael Zamzow
PREMIUM
Michael Zamzow
answered on May 3, 2021

Contact a tax attorney.

1 Answer | Asked in Elder Law for Michigan on
Q: My Mother lives in AL in Ohio, 99 yrs old. There is division about moving her out. She does not want to move.

POA and Health proxy want to move her. Do they have the power to do that against the rest of us?

Brent T. Geers
Brent T. Geers
answered on Oct 6, 2020

Likely yes; the POA or patient advocate designation gives them the ability to make those sort of decisions. If your mother is of sound mind, she could refuse or appoint others to act on her behalf. If not, then the move would likely happen. Once POAs or patient advocates go into effect, it's... Read more »

1 Answer | Asked in Family Law, Banking and Elder Law for Michigan on
Q: A deposit was made to joint acct, one member dec'd, thought deposit was a benefit or payment due to me as executor

didn't know if it was reverse mtge or life or whatever, it continued past his death till last month. I was on the acct way before the death. Is this a criminal error?

Brent T. Geers
Brent T. Geers
answered on Oct 6, 2020

So what was the deposit for? It's probably not criminal but you may need to repay it to whomever made the deposit at some point.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Michigan on
Q: Can a POA give away the principal’s personal items to family?

My grandfather has Alzheimer’s. My aunt is POA and the only living child of his. Can she start giving away personal items in the home such as family momentos, clothes, furniture, tools, etc before selling his home to move him? What about holding a living estate sale?

Brent T. Geers
Brent T. Geers
answered on Aug 20, 2020

Generally yes, the POA would allow her to sell property. There is no requirement that it be done through an estate sale, but any proceeds would need to be kept or used for your grandfather's benefit.

While an estate sale is possible, most estate sale companies charge a portion of the...
Read more »

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