QUESTION
How do I pay his bills using his checking account if I am not on his bank account?
Asked on Jan 07th, 2014 on Estate Planning - Michigan
More details to this question:
My dad is in a nursing home. He became ill very sudden. I have been made patient advocate that my dad did in 2004 and then the doctors signed it over to me as well as of last week. My dad has to pay his nursing home fee and he isn’t aware of anything.
4 ANSWERS
Business Law Attorney serving Mount Pleasant, MI
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Office of Michael Hyde PLLC
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When an individual becomes incapacitated and unable to manage their day to day business you will need to petition the probate court in your county for appointment as conservator and/or guardian. IN this instance, since you are already patient advocate, I would suggest that you file a petition to become his conservator. Once the court grants your petition you will have letters of authority to take care of all his financial affairs, even to being able to sign his checks and access his financial accounts.
Answered on Jan 10th, 2014 at 10:00 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If your dad signed a durable power of attorney form, the "agent" would be able to act on his behalf. If he does not have such a form in place, your only other alternative is to go to the probate court and seek appointment as his guardian and conservator. Depending on your location, that process can take 1-3 months. You will want to have an attorney assist you, if you are in that situation.
Answered on Jan 10th, 2014 at 8:35 AM
If you don't have a financial power of attorney, you will probably have to get a guardianship appointed.
Answered on Jan 10th, 2014 at 8:28 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will need to seek appointment as his guardian and conservator in probate court.
Answered on Jan 10th, 2014 at 8:27 AM