Legal Question in Elder Law in Michigan

My mother has a trust and living will. I am her POA over both health and estate. My mother suffered some health impairments and was directed by medical providers to go to a care facility for a recuperative stay. She checked herself into an assisted living and was there for several months and her health markedly improved. While she was there my sisters and I refused to take her home as she was doing so well. She could at any time make her own arrangements to leave and did not. My bother and an aunt took her out against medical recommendations and took her home. She was not provided with appropriate care and is now near death in the hospital in less than 30 days. My aunt and bother are still calling my mother and her physicians in an attempt to direct her care. While my mother is near death, her mind is still somewhat intact so she is not unconscious and has not been determined in capacitated or incoherent. What if any right do I have as her POA in blocking their negative involvement? We live in Michigan.

Asked on 8/11/10, 6:34 am

1 Answer from Attorneys

Glenn Matecun Matecun, Thomas & Olson, PLC

Unfortunately even though you have a POA you will likely need to go to court for a guardianship and/or conservatorship if you want to re-gain control. The court proceeding would require a finding of incapacity, and after that point you would be back in control. Worst case scenario, this puts your aunt and brother in front of the court and makes them justify what they have been doing, and also gives your mother some say in her treatment. Good luck.

Glenn R. Matecun

Michigan Probate Attorney | Michigan Estate Planning Lawyer

Toll Free: (888) 487-6150

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Answered on 10/30/10, 11:10 am

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