Years before her death, my client’s mother appointed her other son as attorney-in-fact in a durable power of attorney (POA). During the last months of her life, my client grew concerned that his brother was using his mother’s money for his own personal use rather than for the care of their mother.
Prior to The Probate Pro’s representation, three different lawyers demanded without success for the attorney-in-fact to account for his use of the money. The Probate Pro filed a Petition for Court Supervision and to Account in the Macomb County Probate Court. After successfully persuading the Court, it ordered the attorney-in-fact to provide an accounting for the 8 years preceding the decedent’s death.
What is it?
A power of attorney (POA) is a document that allows you to give someone the authority to manage your financial affairs. This person is called your agent. Your agent can take care of your financial affairs as long as you are competent. A “durable” power of attorney is a power of attorney that remains in effect when you are unable to make your own financial decisions (no longer competent). If you want your agent to have authority when you are unable to make your own financial decisions, your power of attorney document must be durable. This is done by adding a clause to the document that makes it clear that you intend for this power of attorney to remain effective after your subsequent disability, incapacity, or by the lapse of time.
MCL 700.5501 is the governing statute for POAs.
The Probate Pro’s strategy provided transparency to an otherwise cloudy financial history. Individuals that are managing money pursuant to a POA can be held accountable for their actions. If a person is mismanaging power of attorney funds, The Probate Pro can assist.