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Asked 10 months ago - West Bloomfield, MI
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I need to get Power of Attorney over my Grandmother who was just put in a nursing home by her doctor. She just came out of the hospital. This is a Temp. home for 100 days through medicare. I was told in the past by a lawyer, that I could get paperwork, to take to my Grandmother to sign so I could get Power of Attorney.
Today we talked to a lawyer, that says I have to bring my Grandmother to his office to have her sign paperwork in front of him. He doesn't seem to understand that I can't do that. My Grandmother is under 24 hour care by a nursing staff. She can't leave. The lawyer refuses to help us unless we bring her to him.
You need an attorney that will come out to the nursing home to meet your grandmother. "Elder Law" attorneys frequently expect to visit nursing homes to meet their clients. Therefore, you should seek out an elder law attorney.
There are other issues that an elder law attorney can help her with, including how to find assistance for paying for continuing care.
There are 2 good reasons why the attorney must meet your grandmother and not just give you the form. The first is to make sure that your grandmother is competent to sign a legal document. The second reason is to assess whether your grandmother wants you as her power of attorney and that you are not trying to take advantage of her.
If I can ever be of assistance, do not hesitate to call my office. We have offices in Farmington Hills and Grand Blanc. My office does meet clients at nursing homes.
Bob Mannor
Michigan Elder Law Attorney
1-800-990-6030
I agree with Attorney Mannor. If you simply have the lawyer draw up the documents without ever having met with the client (who is your grandmother, by the way), then it opens the documents up to all kinds of challenges. It reduces the lawyer's role to a mere "scrivener" and does a disservice to your grandmother.
Most estate planning lawyers make "house calls" or will go to the facility, even if it costs you a little more for this service. You should find a lawyer who will agree to do so.
James Frederick
You raise a lot of different issues. First when your Dad had Power of Attorney for your Grandmother, did that document have a backup? That would have been best. I'm not real clear about what is going on with the Will issue.
Your grandmother should have a financial power of attorney and a health care power of attorney. The questions are whether she has the capacity to understand and execute the documents and who she wants to give the powers to. As an estate planning/elder law attorney I often go to hospitals and nursing homes etc. Often we have to get someone else to be a witness as well.
I'd be happy to help if you give me a call. My office is in Plymouth and I reside in West Bloomfield. I will be on vacation next week but if you would call me Thursday or Friday we could get started and complete them if your grandmother is able when I get back. Ken
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