Mom,s being kept at my sisters against her will

[DonVieto]

What is the name of your state (only U.S. law)?Michigan. Mom has some demintia.Being I was only child not married&no children,I moved in to help take care of mom.However I got in some trouble&went away for a year.In the mean time my younger sister got p.o.a.over mom.Moved mom out of her beautiful home 60 miles from mom,s friends&church.Is driving her brand new car has access to mom,s bank accounts.I know for fact sister is in serious debt.Her house is worth about $100,000 less than she owes on it, way over board on her credit cards&there are 4 children also in her home,making it over crowded.My mother crys to me on the phone that she wants to move back to her house&have me help take care of her very badly.I don,t know what my options are because sister has power of attorney over mom.Mom says she wants to cancel my sister,s power of attorney&transfer it over to me.DOES ANY BODY HAVE SOLID ADVISE ON HOW I SHOULD PROCEED?thank you in advance for your help.

[latigo]

Your legal remedy, and a very effective one, is a process that involves petitioning the appropriate court for the issuance of a Writ of Habeas Corpus. (“Habeas corpus” being Latin for “have the body” or “produce the body”.)

In legalese it means to have the person in court and then and there show legal cause, if any, why the person is being detained and denied of his or her liberty. Or otherwise immediately given their freedom. Very much like an order to show cause proceeding.

Writs of Habeas Corpus are more commonly used in criminal cases to force the government to either file formal charges or release the prisoner. But very much available as a civil remedy as well.

They are rare, (at least around here) but I have had two occasions to use it successfully in situations very similar to what you describe.

But you are going to need the services of an attorney. It is not a simple procedure. The verified petition for the Writ must be in detail and explicit in asserting the conditions giving rise for the remedy.

In fact in this case were it me, in addition to asking that the mother be released from the daughters self-imposed control, that she (the respondent) show just cause why she should not renounce all agency authority under the POA, and that it be declared null and void. And that the respondent be enjoined from attempting exercise any future control over the mother’s financial affairs.

Plus that she be ordered to render a full and complete and documented accounting of her financial activities made in the name of the mother.

Like ”Professor Harold Hill” said to his shill Marcellus Washburn in the smash Broadway hit “The Music Man”:

“No sense warming up if you ain’t going to pitch!”

[Zigner]

If your mother is mentally incompetent, you should seek a guardianship over her.

If your mother IS competent, then she needs to revoke the POA and take charge of her life. Perhaps you can help with that. Check out the following link relating to elder abuse in Michigan: http://www.michigan.gov/miseniors/0,1607,7-234-43293_43628---,00.html (http://tinyurl.com/ydve3u4)

(Oh - forget that habeas corpus stuff - it's not what you're looking for.)