DIY Fixes Part 2 Probate matters and minors

DIY Fixes Part 2 – Incorrect POA

With most legal document websites, the issue is not always whether the document drafted was drafted correctly, it’s whether the document drafted is the correct document. We commonly encounter this issue and are often tasked with assisting clients … the correct forms.

One recent example is where a client was seeking authority to act on behalf of their grandson who was still a minor. The child’s parent was in agreement with granting authority and willing and cooperative to complete whatever forms were necessary. The client, having some knowledge of estate planning documents from their experiences, thought all that was needed was a straightforward power of attorney for a minor child. Instead of obtaining an attorney, they blindly paid an online website that drafted the requested document. The result was a document that did meet their needs.

The problem with the document was not that it did not work necessarily, but rather it was the wrong document for their situation. Under Michigan law, a power of attorney for a child is meant for temporary situations and cannot exceed a period of 180 days. The parties involved were seeking long-term decision making authority for the child and as such the power of attorney was not the appropriate avenue. In such situations, the proper method to obtain such authority is through a guardianship of a minor. While obtaining guardianship is more involved and involves the probate court, when the parents and proposed guardians are agreeable, it can be straightforward.

While this mistake wasn’t incredibly expensive, the client is still out the money spent on drafting an unnecessary document. A meeting with an experienced Michigan attorney could have saved them that money and pointed them in the right direct from the beginning. At Your Virtual Attorney, we consult with our clients first in order to understand what they need, discuss their options and then draft what will best achieve their goals. Our experienced attorneys can assist clients throughout Michigan with estate planning, divorce and family law, real estate matters, and more. Please contact us today at https://michiganonlineattorney.com/.