MI estate planning, powers of the executor, power of attorney

family and power of estate: is it illegal for my aunt to padlocks on my grandmothers house while she is int he hospital without my grandmothers permission? - Is this your question? Add additional information
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Answers (3)

Edward H Adamsky

Edward H Adamsky

Contributor Level 4
Someone needs to take care of your grandmother's house while she is in the hospital. If your grandmother appointed someone as her Agent under a Power of Attorney, that person would have the duty and right to take care of the house. Putting padlocks on it seems extreme, but there might be a good reason to do so. Often unscrupulous family members (or strangers) will enter the house of someone who is in the hospital and take things that don't belong to them.
I am not licensed to practice law in Michigan, so this is just a general answer. I don't know if your aunt violated any particular law in your state. If your Aunt is your grandmother's Agent, then she is probably doing the right thing. If your Aunt was not appointed by your grandmother, she could be liable for actions she has taken if they harm someone, in some way. If you need particular advice in your state, you should seek the advice of an attorney licensed in your state.
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Jerome E Addy III

Jerome E Addy III

Contributor Level 4
In addition to acting under a valid Power of Attorney, someone who has been appointed by the Probate Court as a Conservator of an adult would have the power and the duty to protect and preserve the adults property.
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Dean E. Patrick

Dean E. Patrick

Contributor Level 3
You need to determine if your aunt has the legal authority to do so. Otherwise, there could be both civil and criminal issues. How do you know your grandmother did not give her permission?

If your aunt was appointed by the court, you could go to the county court and check the records. If you are on speaking terms, ask aunt to show you the letters of guardianship, or more likely, conservatorship, or the power of attorney indicating she has the authority to act.


Regards
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