Power of Attorney
You need to prepare your power of attorney while you are of sound mind. A power of attorney is a document that allows you to appoint a person, or organization such as a trust company, to handle your affairs when you are unable to do so. The person that is given the authority to act on your behalf is referred to as an "Attorney-in-Fact" or "Agent."
- Special Power of Attorney - Authority to act in specific situations only, like the sale of real estate.
- Health Care Power of Attorney - Appointment of someone to make health care and life support decisions if you're incapacitated.
- Durable Power of Attorney - Remains in effect or takes effect if you become mentally incompetent for purposes stated such as managing a business, real estate and day to day affairs.
Our firm has been asked to draft power of attorneys for family members after they become mentally incompetent. We are unable to assist someone who cannot fully understand the powers which are being delegated! In such cases, you may be required to have the probate court appoint a conservator and guardian to handle the affairs of a parent or loved one.
Contact our law firm in Clinton Township for a free consultation regarding your estate plan including preparation of your power of attorney.
Probate, Administration of Your Estate After Death
Probate refers to the administration of your estate in the courts. A will appoints a person or financial institution to act as your personal representative. The probate court will monitor the acts of your personal representative and attorney and require accountings and inventory to be filed and served upon all interested parties. Interested parties may object or consent to the proceedings.
The ABDO LAW FIRM can get bank accounts in the hands of the personal representative within a few days so that there is no lapse in payment of bills. If the estate is uncontested, distributions to heirs can be made without delays. However, the estate must maintain sufficient cash to pay ongoing bills and expenses. In addition, real estate can present special concerns and the personal representative must make sure that real estate is maintained and inured while the estate is pending.
Our Macomb County lawyers will help your surviving loved ones wind up your affairs and promptly administer your estate to carry out your wishes.