Page 17 - Senior Times South Central Michigan - June 2020 - 27-06

Ask the
Senior Times - June 2020
Page 17
MICHAEL B. WALLING, PLC
Wills • Trusts • Powers of Attorney
Lady Bird Deeds • Nursing Home Planning
Don't Lose Everything You Have To the Nursing Home
I can help you save up to 100% of your assets.
Michael B. Walling, J.D., LL.M.
Let me help you properly draft and fund a trust before you or your spouse enter a nursing home; it could save you over $50,000!
MICHAEL B. WALLING
Elder Law Attorney
Author of "Ask the Attorney"
Call for a free
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*Except Asset Protection Planning
(269) 968-1101
Offices in Battle Creek & Portage
www.wallinglawoffice.com
Helping Seniors preserve their lives for more than a decade.
ATTORNEY
Michael Walling, Special to Senior Times
QUESTION: I am in a nursing home. My daughter has been taking money out of my account. She is my power of attorney. When I ask her about it she just says that I don’t know what I’m talking about. What can I do?
FINANCIAL ABUSE
are competent, you can have an attor- ney draft a revocation of the durable power of attorney for you. Once it is signed, provide a copy to your daugh- ter and all of your financial institutions so they are aware that her authority
has been revoked. I would also suggest that you have an attorney draft a new durable power of attorney for you but only if you have someone you can trust completely to act. If you don’t, then don’t do a new one. A durable power of attorney should not be taken lightly. As you can see, it carries a lot of power.
ANSWER: This is a situation that I see fairly often. This can be construed as elder abuse. As you are in a nursing home you are considered a “vulnera- ble adult.” In Michigan, a vulnerable adult is defined as an individual age
18 or over who, because of age, devel- opmental disability, mental illness, or physical disability, requires supervision or personal care or lacks the personal and social skills required to live inde- pendently. When people think of elder abuse, they tend to think of physical abuse. While it certainly can be phys- ical abuse, it may also be financial abuse.
Michael B. Walling is an Elder
Law attorney with an advance Master of Laws degree. He manages the
Elder Law Center and the law firm of Michael B. Walling, PLC. Mr. Walling is also a part-time Professor at Western Michigan University. Please send any questions you would like addressed to: The Elder Law Center, 4625 Beckley Road, Building 400, Suite 4003, Battle Creek, Michigan, 49015. You may also call (269) 968-1101 to set up a free ini- tial consultation. This column is intend- ed for general information purposes only and should not be considered as legal advice to any particular person.
Financial elder abuse occurs when someone is taking a vulnerable adult’s money or property for their own ben- efit. There are laws to protect you. I would suggest you call the Elder Abuse Hotline here in Michigan at (855) 444- 3911. This will start a case with Adult Protective Services (APS). APS will start an investigation into the matter.
Michigan Elder Abuse Hotline: (855) 444-3911.
I would also advise you to revoke your daughter’s durable power of attor- ney as soon as possible. As long as you
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