What is the procedure for obtaining power of attorney for an elderly parent who has shown early signs dimensia & is quite ill?

Asked 11 months ago - Detroit, MI

I live in Detroit, Mi. The Parent I am Speaking of is my mother & she lives in the home with me. I also have (2) brothers who no longer live in this state. There are no monetary gains, property or any other material possessions involved.

Attorney answers (5)

  1. John J. Keenan

    Contributor Level 14

    12

    Lawyers agree

    Answered . Your mother has to be competent to give you power of attorney. This means that she needs to understand what she is doing. It sounds as if she may still fall in that category; but it is important to take care of this quickly as, once her condition deteriorates to the point where she does not understand enough to grant power of attorney, you would then have to go to court to get guardianship; a much more expensive proposition.

    If you mother is to ill to go to an attorney's office, there are many attorney who will make house calls. I would suggest you look into this immediately and, while you are at it, she should also have a Will and a Patient Advocate Designation (living will).

    Best of luck to you,

    John J. Keenan

    This response applies to Michigan law only. This initial response to your question(s) is for general purposes,... more
  2. David B. Carter Jr.

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . People with dimensia will often have moments of clarity. You will need to have her sign during this time and a good attorney will be able to determine when this is.

  3. James P. Frederick

    Contributor Level 20

    8

    Lawyers agree

    Answered . I agree with Mr. Keenan. You should have your mother visit with an attorney to have your paperwork drawn up, as soon as possible. If your mother does not have sufficient capacity, then you may need to seek guardianship for her.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  4. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Take your mother to an attorney ASAP-the attorney can determine if she has the capacity
    to sign a legal document.
    A POA is much better than any alternative as explained.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  5. Donald B. Lawrence Jr.

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . The type of Duarable Power of Attorney that you most likely need is one to act as her agent for health care and medical decisions. The capacity for granting this type of power is that the patient trusts you to do as the patient wants as far as healthcare procedures and decisions. This may be simpler for her to understand than the more diverse and complicated power of attorney for general purposes. It is important that she communicates this directly to the attorney that will draft the document and that you are not seen as unduly influencing her to execute the document .

    Donald B. Lawrence, Jr. (P16463)* THE HUBBARD LAW FIRM, P.C.* DID 517-886-7115 Fax: 517-886-7129 Email:... more

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