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Revoke Power of Attorney

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Concernicus

Junior Member
Hi. I live in the Detroit Metro Area in Michigan, and I am taking it upon myself to find out if we have any legal avenues in the following situation. I understand that this is not considered proper legal advice, and we will be sure to contact an attorney if there is any legal action we as a family can take. I am asking for informational purposes only.

My grandmother has named our uncle as the one who has power of attorney over her in the event she is no longer capable of making decisions. He is also in charge of her will and making sure that her assets and belongings are to be distributed amongst the proper family members in the event of her death. However, my uncle has stated several times in front of multiple family members that he plans on taking everything for himself because of the "way our family treats him". And of course he would never say this in front of my grandmother, nor does she believe anybody who has told her about the things she has said. He is your classic 50-something year old son who lives in his mother's basement, and is not capable of making sound financial decisions even if he were someone to be trusted.

We are looking for a way to legally remove his Power of Attorney over my grandmother without her consent. He has been convicted of felony fraud within the past two years, but has since been released (on parole I believe), so we are hoping we can use this against him. It would also be beneficial if this is something that can be taken care of after she passes, as we don't want her last few years with us to be a family war, and merely have someone else from our family or the state manage her assets. He also is surprisingly helpful to her, and can be trusted to take care of her in her last few years (she is the only one in our family he cares about anymore).

If someone could please help point us in the right direction, we would be very thankful.
 


Zigner

Senior Member, Non-Attorney
Hi. I live in the Detroit Metro Area in Michigan, and I am taking it upon myself to find out if we have any legal avenues in the following situation. I understand that this is not considered proper legal advice, and we will be sure to contact an attorney if there is any legal action we as a family can take. I am asking for informational purposes only.

My grandmother has named our uncle as the one who has power of attorney over her in the event she is no longer capable of making decisions. He is also in charge of her will and making sure that her assets and belongings are to be distributed amongst the proper family members in the event of her death. However, my uncle has stated several times in front of multiple family members that he plans on taking everything for himself because of the "way our family treats him". And of course he would never say this in front of my grandmother, nor does she believe anybody who has told her about the things she has said. He is your classic 50-something year old son who lives in his mother's basement, and is not capable of making sound financial decisions even if he were someone to be trusted.

We are looking for a way to legally remove his Power of Attorney over my grandmother without her consent. He has been convicted of felony fraud within the past two years, but has since been released (on parole I believe), so we are hoping we can use this against him. It would also be beneficial if this is something that can be taken care of after she passes, as we don't want her last few years with us to be a family war, and merely have someone else from our family or the state manage her assets. He also is surprisingly helpful to her, and can be trusted to take care of her in her last few years (she is the only one in our family he cares about anymore).

If someone could please help point us in the right direction, we would be very thankful.
It's not your money. Grandma can do whatever she please with the money. Grandma can also grant whomever she wishes power of attorney over her. You (et al) are more interested in making sure that you get grandma's money then you are in making sure she is happy.

No, it's not going to be so easy for the vultures to swoop in...
 

tranquility

Senior Member
We are looking for a way to legally remove his Power of Attorney over my grandmother without her consent.
If it is a durable power of attorney, I don't see any way unless or until the uncle commits a fiduciary breach. Even then, getting standing will be hard absent gross malfeasance.

If it is not a durable power of attorney, you can try to prove grandma is incompetent and exert conservatorship over her. However, since there is a document putting uncle in charge, it is very likely the court would give him the power to be conservator absent proof of his unfitness for the position.

Other than that, it seems the "family" inclined to allow uncle to physically and emotionally take care of the problem...er...grandmother; it's just that they are concerned they will not get what they think they deserve when she dies. Yet, they don't want to take the risk of being disinherited by fighting things now. It may not be the case, it's just what it seems.
 

anteater

Senior Member
We are looking for a way to legally remove his Power of Attorney ... It would also be beneficial if this is something that can be taken care of after she passes...
That is a non sequitur. The power of an agent under a POA ceases when the person granting the power passes away.

With a quick look at the Michigan statutes, I don't see that the uncle would automatically be disqualified from serving as the probate estate's personal representative. But an interested party can object to the appointment. And, if that does not succeed, ask the court to require that a bond be posted to ensure that the personal representative faithfully fulfills his/her duties.
 

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