Legal Question in Wills and Trusts in Minnesota

POA status ignored by state & court

My mother-in-law lives in MN. She decided she wanted to move down to IL (lived in MN for 6 yrs) to live in a nearby senior center. We went up to move her and discovered she had a stroke & now she's in a MN nursing home. She made me her POA & Medical Care Advocate. I had to take over paying her bills with her remaining small bank account, close her apartment, etc. She doesn't have any assets/income except Soc. Sec., which is now going to the nursing home. I spent many hours attempting to get her assistance from the state. Her 2 MN grandsons took exception to this, and accused us of ''elder exploitation'' after we reported THEIR taking her out of the home and helping her remove $500 cash out of the small amount of $1800 left in her savings account without justification (or even admitting that they did) or even a valid account ID! The MN Elder Advocate filed a court petition for an ''executor''even though I told her & the court I was the POA, they appointed one - totally ignoring me!! I was informed by a letter that the court chose the executor who would be contacting me soon after Jan. 31st. I have YET to hear from them & I still have some of her money. Was what the court did legal? Can I legally keep her $$?


Asked on 7/06/08, 9:24 am

2 Answers from Attorneys
Cyndi Perez Trostin

Re: POA status ignored by state & court

Sounds like what happened is that they appointed a guardian to oversee your mother-in-law's finances and personal situation.

Generally, an agent under a power of attorney would be able to accomplish most of what could be done under a court guardianship, except without court intervention or oversight.

If there is a conflict between relatives, it might not be a bad idea to have court intervention; however you should expect legal fees from the guardian.

If you believe these actions have not been in your mother-in-law's best interests, I would suggest having an attorney review the documents to be sure that her rights have not been compromised.

Good luck to you.

Read more
Answered on 7/06/08, 2:34 pm
Joseph Michelotti Michelotti & Associates, Ltd.

Re: POA status ignored by state & court

You need a lawyer in MN.

Read more
Answered on 7/06/08, 10:34 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Minnesota