Legal Question in Elder Law in Michigan

My brother wants me removed as POA for our mother. I received a notice of a hearing scheduled. What does this mean? He contents she has dementia and is unable to make this decision. There are appropriate papers signed and mother is capable of making her own decisions at this time.

He wants her re evaluated for mental capacity. Nursing home completed this last year and 2 doctors said she was capable of making her own decisions at this time. He also alledges I have mismanaged her affairs entrusted to me. Where do I start to resolve this as I have only 20 days notice of this hearing.


Asked on 11/30/10, 3:29 pm

1 Answer from Attorneys

John Tatone John R. Tatone & Associates PLC

Your situation could become complicated quickly. It sounds like your brother is jealous or wants to take advantage of your mother. Unless there is some significant event to cause concern, the judge should not order another evaluation if you disclose the one that was done recently. Make sure you keep good records of every penny you spend of your mothers, because it seems your brother will accuse you of stealing if you don't. If you would like my help with this situation please call me at 888-988-LAWS (5297) or johntatone.com

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Answered on 12/07/10, 4:24 pm


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