Legal Question in Elder Law in Michigan

my father gave poa to a non family member. as his daughter do i have any rights to revoke this poa. my father is under the influence of this female and he has seemed to turn against his family. please help. the female is sickly with cancer and other problems and has alienated his daughters from him. they live in michigan and we, his daughters live in ohio. we can only contact him by calling her cell phone. then she tells us to call him back on the house phone and that she will tell him to answer the house phone.


Asked on 11/12/09, 2:31 pm

1 Answer from Attorneys

Don Rosenberg Barron, Rosenberg, Mayoras & Mayoras, P. C.

We see this all the time. The question is did your father enter into the durable power of attorney of his own free will? If he was competent and not a vulnerable adult then the power of attorney is valid. If he was coerced, under undue influence or not competent then the power of attorney could be suspect.

Additionally, anyone who is acting as a power of attorney has a fiduciary obligation to act in the best interest of their principal. If this person is not allowing a relationship that can be a sign of elder abuse.

You do not have the right to revoke the power of attorney, but you do have rights to challenge it as well as file for Guardian and Conservator through the probate court. I

I strongly suggest that you speak with my partners Andrew Mayoras or Ronald Barron. They specialize in issues concerning undue influence and elder abuse.

Here is my email address: [email protected] and a little about me.

Don Rosenberg

www.thecenterfoelderlaw.com and www.thecenterforprobatelitigation.com

I have been practicing for over twenty-nine years. My practice is limited to specializing in issues concerning disability, estate, long term care, nursing home, Medicaid and special needs planning. I am the Chairman of the Board of Directors of the Alzheimer’s Association - Greater Michigan Chapter and member of the Association's executive committee; Member of National Academy of Elder Law Attorneys and have been listed since 1991 in the Academy's Experience Registry. Also I am the Chair of the Governing Council of the Elder Law and Disability Rights Section of the State Bar of Michigan. I am also a Charter Member of the Academy of Special Needs Planners and Member of the Financial and Estate Planning Council of Metropolitan Detroit and was recently selected as a "Superlawyer" which designates that I am in the top 5% of lawyers in the country. I am also an accredited attorney with the US Department of Veterans.

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Answered on 11/17/09, 3:40 pm


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