QUESTION
If we just write a note and have it notarized can I use that to handle financial matters?
Asked on Jan 12th, 2014 on Estate Planning - Michigan
More details to this question:
My husband is having health issues and I need to handle some financial matters.
5 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally its better to have a full "power of attorney".
Answered on Jan 16th, 2014 at 6:40 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No, this will not work. You need to have an attorney prepare a general durable power of attorney form for finances and medical treatment. The attorney will know how to draft the form so that the people you are dealing with will accept it. It is very important that this be done while your husband (and you), still have the necessary capacity to do so. If you are past that point, then the probate court would need to appoint a guardian and conservator to act on your husband's behalf.
Answered on Jan 15th, 2014 at 5:14 PM
Criminal Defense Attorney serving Southfield, MI
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Law Offices of Ezra N. Goldman P.C.
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Sorry but I can not interpret the legal significance of a document you haven't written yet. It depends what the document says. The mere fact that you are writing it does not invalidate the document.
Answered on Jan 15th, 2014 at 4:05 PM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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NO you have to do a formal financial durable power of attorney and if he is having health issues it should be with an elder law attorney. This way you can protect assets from the cost of long term care.
Answered on Jan 15th, 2014 at 4:01 PM
It is better to have a properly drafted power of attorney. But you can try it. If it will not be accepted then you will need to get a proper power of attorney.
Answered on Jan 15th, 2014 at 4:01 PM