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Michigan Elder Legal Questions

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21 legal questions have been posted about elder law by real users in Michigan. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Michigan Elder Questions & Legal Answers
Do you have any Michigan Elder questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 21 previously answered Michigan Elder questions.
Elder Law
Michigan

Recent Legal Answers

Have started a investigation on siblings made trustees abuse of mothers estate told to file for guardianship

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
Hire a local guardianship lawyer and also consider a suit for conversion (converting her property to their own) and, if a Durable Power of Attorney was used, for violation of fiduciary duty.  If eligibility for Medicaid was affected, report this to the county district attorney and the state attorney general for criminal prosecution.... Read More
Hire a local guardianship lawyer and also consider a suit for conversion (converting her property to their own) and, if a Durable Power of Attorney... Read More

Can I collect my husbands social security

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
The Social Security goes to help pay his nursing home bill.
The Social Security goes to help pay his nursing home bill.

senior neglect

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
Your mother can name someone other than her husband as her agent under a Durable [Financial] Power of Attorney and let them buy things for her.  She can also name someone other than her husband as her agent under a Medical Power of Attorney, to communicate her medical decisions when she cannot.  You might want to talk about the overall situation with an elder lawyer.  You can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More
Your mother can name someone other than her husband as her agent under a Durable [Financial] Power of Attorney and let them buy things for her. ... Read More

Is the met legal insurance really a savings? By how much?

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
It is difficult to answer your financial question without a comparison.  Note also that you are probably considering not just what you would pay but what you would hope to get for your money. The legal question implied in your description is a request for someone to represent you in contesting a Will on the grounds of undue influence.  Undue influence is very hard to prove.  Will contests are very expensive.  You would probably have to deposit $20-30,000 to get started and might spend $100,000-$250,000 if the case went to trial, all without knowing whether you would win or lose the $250,000 you seek.... Read More
It is difficult to answer your financial question without a comparison.  Note also that you are probably considering not just what you would pay... Read More

Can a commercial storage company ignore a hazardous unit condition and then evict the renter?

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Please post your query under real estate.
Please post your query under real estate.

How do I avoid eviction from a commercial self storage facility? I am 81, single female. Eviction is Dec.30, 202

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
From your description, it appears that you must remove your items from the unit.  Whether the faclity is obligated to provide you with a new unit depends on the terms of your lease.  While there may be a problem with email, the post office is still delivering mail.
From your description, it appears that you must remove your items from the unit.  Whether the faclity is obligated to provide you with a new... Read More

Can a person just say someone is unable to handle their own financial affairs or do they have to prove it

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
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.  ... Read More
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"... Read More

When is it legal to put a Bing camera in someone else's home?

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
Does your mother want you to do this?  If not, it sounds like an invasion of privacy.
Does your mother want you to do this?  If not, it sounds like an invasion of privacy.

My aunt is holding my grandmother away from the family and signing fraudulent power of attorneys

Answered 5 years and 8 months ago by attorney Terry Lynn Garrett   |   1 Answer
You can find an elder lawyer near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
You can find an elder lawyer near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)

my brother died within 1 hr of arriving at a nursing home. I was poa in his life. I did not sign any admission papers and now they want me to sign poa

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
They can do nothing.  You are correct that when your brother, the principal, died you lost all authority as agent under his Durable Power of Attorney.  Beware of the old trick of trying to make a family member sign as "responsible person," which makes you personally responsible for the bill.  Also understand the nursing home's incentive:  Medicaid pays them about $200/day but $800 for someone with covid-19. ... Read More
They can do nothing.  You are correct that when your brother, the principal, died you lost all authority as agent under his Durable Power of... Read More

When surgeon are complicit in covering up a crime

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
Personal injury attorneys, including medical malpractice attorneys, take cases on a contingency basis.  To find one in your area, look for a medical malpractice attorney on the website of the Michigan state bar.
Personal injury attorneys, including medical malpractice attorneys, take cases on a contingency basis.  To find one in your area, look for a... Read More

Can small pensions be garnished from seniors?

Answered 6 years ago by attorney Terry Lynn Garrett   |   1 Answer
Only the tax authorities can garnish your Social Security retirement benefits. The bank account into which Social Security retirement benefits are directly deposited is protected up to twice the amount of Social Security received.  You might want to direct your pension to be directly deposited into the same account.  ... Read More
Only the tax authorities can garnish your Social Security retirement benefits. The bank account into which Social Security retirement benefits are... Read More

Why isn't my Power of Attorney good in Florida from Michigan?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Powers of Attorney, like Wills, are created in accordance with state, not federal, law.  While most states will probate a Will which was valid when signed under the law of another state, there is far less agreement on Powers of Attorney.
Powers of Attorney, like Wills, are created in accordance with state, not federal, law.  While most states will probate a Will which was valid... Read More

As long as a house is being paid for, taxes, mortgage, insurance, and utilities is it ok that no one is actually living in the house till it sells?

Answered 6 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
The house does not need to be occupied and may sell faster if it is not.
The house does not need to be occupied and may sell faster if it is not.

Can i be arrest if police report is made

Answered 6 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer
False reports to the police and APS are all too common.  They do not necessarily lead to an arrest.  If you need a lawyer, you might look for an elder lawyer experienced in these matters using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.com)... Read More
False reports to the police and APS are all too common.  They do not necessarily lead to an arrest.  If you need a lawyer, you might look... Read More

How do I get guardinship of my father

Answered 6 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer
Contact Volunteer Legal Services in your area.  If your income is too high to qualify for free legal representation, you may yet qualify for the modest means program of Lawyer Referral Services in your area.
Contact Volunteer Legal Services in your area.  If your income is too high to qualify for free legal representation, you may yet qualify for the... Read More

How do I review a lawyers qualifications?

Answered 6 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
Check his experience and certifications using the Find a Lawyer function on the website of the state bar and that of the National Academy of Elder Law Attorneys (www.naela.org)
Check his experience and certifications using the Find a Lawyer function on the website of the state bar and that of the National Academy of Elder... Read More

Who can help me solve my doctor suddenly stoping my Hydrocodo prescription

Answered 7 years ago by attorney Terry Lynn Garrett   |   1 Answer
Have you considered changing doctors?
Have you considered changing doctors?

can my brother challenge my poa?

Answered 12 years and 3 months ago by attorney William R. Pelger   |   1 Answer
Dont call me but ask a local MI lawyer. My thought would be he could challenge any transfer done by you via the POA or by mom when she was under your care. But, he would have to prove that she was incompetent at the time or under undue influence or coercion. This is hard to prove and any attorney he may speak with will advise hiim so. These types of allegations need to be proven by clear and convincing evidence.... Read More
Dont call me but ask a local MI lawyer. My thought would be he could challenge any transfer done by you via the POA or by mom when she was under your... Read More

Medicaid and Long Term Care

Answered 12 years and 5 months ago by attorney William R. Pelger   |   1 Answer
talk to a local elder law lawyer. I would just document all the money so you can separate them if needed for Medicaid. 
talk to a local elder law lawyer. I would just document all the money so you can separate them if needed for Medicaid. 

can i get paid for caring for my 94 year old mother in her home?

Answered 13 years and 4 months ago by attorney Jeremy W. Howe, Esq.   |   1 Answer
it depends upon state law. Contact an elderlaw attorney in MI.
it depends upon state law. Contact an elderlaw attorney in MI.
Elder Law
Michigan

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