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

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. 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, only, and is based upon the limited information you have provided. Therefore, this general answer should not be relied upon as a reason for your action or inaction. This response does not establish an attorney-client relationship; such a relationship may only be established by the signing of a written retainer agreement, and the payment of the agreed upon retainer. Please call me, or another attorney of your choice, with more details, and for an appointment to discuss same. Thank you for this opportunity to address your question(s).


  2. 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. ***************************************** 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. I hope you our answer helpful!


  3. 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 action is to have legal representation in this matter.


  4. 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.


  5. 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: dlawrence@hubbardlaw.com The information provided does not constitute legal advice and no attorney client relationship exists based upon this response. Unless specifically noted to the contrary, information refers to Michigan law. Prior to taking action, you should consult directly with an attorney for specific advice based on a full factual disclosure about your own legal situation. This information is provided for your personal use and may be reproduced for non-commercial distribution. All copies must include the following copyright notice: Copyright © 2011 THE HUBBARD LAW FIRM, P.C. THE HUBBARD LAW FIRM, P.C.* 5801 W. Michigan Avenue, Lansing, MI 48917 Phone: 517-886-7176; Fax: 517-886-1080 *AV Peer Rated, Martindale-Hubbell® Please consider the environment before printing this response

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