Legal Question in Elder Law in Michigan

My Mother-in-law has been living with us for 18 years of our 25 years of marriage. She is 89 and has some dementia. We take care of her, pay her bills,(her SS) and make sure all her needs are met.

My question is, what should we have lined up for legal issues. There are 2 other siblings. A brother and sister. The brother says our decisions are fine with him, because we are the ones taking care of Mom. The sister on the other hand is good at telling us what to do, but never does anything in helping with Mom's care. My husband works days and I work afternoons so Mom is never by herself. Can you give me any insight on this matter?

Thank you.

Asked on 9/26/10, 8:30 am

1 Answer from Attorneys

Glenn Matecun Matecun, Thomas & Olson, PLC

Without knowing more facts, here are my thoughts: At a minimum, your mother-in-law should have a General Durable Power of Attorney and a Health Care Power of Attorney (also known as a Patient Advocate Designation). This will allow you to act for her during any incapacity without going to court.

I would also suggest a Will or Living Trust depending on her assets. You should sit down with and estate planning/elder law attorney to make sure you have everything in place to avoid a court situation. Good luck.

Glenn R. Matecun

Michigan Elder Law Attorney | Michigan Estate Planning Lawyer

Toll Free: (888) 487-6150

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Answered on 10/30/10, 11:14 am

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