Legal Question in Elder Law in Michigan

Elderly parents being forced into a nursing home

My father is 89 and my mother is 88. They live in Michigan. I live in New York. I am their only child. The courts are filing papers for a court appointed guardian and conservatorship over their property, and they will be forced to live in a nursing home. My parents do not want that. While I agree they cannot live without some assistance, perhaps like a visiting nurse, what can I do to help protect their rights and stop their property from being sold off? I have NO money for an attorney. I am living on SSI. Unfortuately, they only have a will leaving their property to me, but not a living trust. I have no power of attorney. Is there anything I can do?


Asked on 2/20/09, 2:42 pm

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

Re: Elderly parents being forced into a nursing home

Pray that the court appointed guardian will have compassion and try to keep your parents together until the end. Once you find out who the person is who is appointed guardian, get phone numbers and call and try to make your wishes known. However, from 2,000 miles away and without a lawyer, there's not much you can do. Unfortunately, most people do not plan in advance, and what's happening with your mom and dad is very, very common. Almost every medicaid planning question on this bulletin board is from children whose parents did not plan in advance, and this is the result, and at this point there's not a lot you can do.

Good luck.

Rick Bryan

New York, NY

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Answered on 2/20/09, 9:23 pm


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