QUESTION
Can a person just say someone is unable to handle their own financial affairs or do they have to prove it
Asked on Dec 09th, 2020 on Elder Law - Michigan
More details to this question:
My father recently passed away and left everything to my mother. They have a will which includes a durable power of attorney for financial affairs. My brother in law is named as the person who does this if my mother is disabled or unwilling. Can he just say she is and take over or does he have to prove she is?
1 ANSWER
2 Awards
If your mother is unwilling, she must say that she is.'
The language of the Durable Power of Attorney and state law determine what "disabled" means.
Please note that a Durable Power of Attorney does not preclude your mother from acting or let someone else "take over." A Durable Power of Attorney names an agent who can act on behalf of your mother, putting her interests first, and must report to her. Your mother can revoke it.
Answered on Dec 10th, 2020 at 5:18 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.