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Need advice with getting Power of Attorney over my Grandmother

West Bloomfield, MI |

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.

My dad originally had Power of Attorney, and simply went to his lawyer, and had the paperwork drawn up and took it to my Grandmother to sign. He had no problems. He died last year which is why I now I have to get Power of Attorney. The lawyer is also giving my mom, a hard time, because my Grandmothers Will, was put in her name instead of mine. The lawyer doesn't seem to believe my mom, that the Will is legal, drawn up by another lawyer, and was signed in front of witnesses. We are out of luck and are stuck. Is there anything that can be done? We have 100 days to get things set, or the nursing home, will be asking us to remove my Grandmother from their home.

Attorney Answers 3

  1. Best answer

    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

  2. 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

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

  3. 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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