Resolving Competency Disputes

Family Disagreements Concerning Competency of an Elder

With our strong focus on elder law at Barron, Rosenberg, Mayoras & Mayoras, P.C., our attorneys are highly knowledgeable about the legal, financial, and personal dimensions of an aging parent's decline into dementia due to stroke, Alzheimer's disease, or any of a number of other medical conditions. Even where sound life care and estate planning instruments anticipate the need for a trusted surrogate to make important decisions under a power of attorney, probate disputes between family members about the mental capacity of an elderly person or the management of his or her affairs can result in difficult situations that sometimes must be resolved in probate court.

If your family is involved in a disagreement concerning the competency of an elderly parent, or doubts whether financial or medical treatment decisions are being properly made on an elder's behalf, contact one of our probate litigation attorneys in Troy, Michigan. We represent family members, guardians, conservators, persons acting under powers of attorney, and the persons themselves whose ability to satisfy legal standards of competence is called into question. Our lawyers serve clients in Greater Detroit, throughout the state, and from other states if they have a substantial interest in the affairs of a vulnerable Michigan resident.

Our knowledge of Michigan guardianship and conservatorship procedures, especially as they apply to the legal standards of incompetence that must be met before a probate court will intervene in a person's affairs, can help you identify the alternatives available for protecting a vulnerable person's interests in any given case. In many situations, we can apply to the court for a protective order that will prevent an individual from unduly interfering with the affairs of another, or to declare a person incompetent so that a power of attorney over financial or medical matters can be activated without the need for a court-appointed guardian or conservator.

Whether your situation involves disagreements about the extent of an elderly parent's dementia, concerns about the influence and motivations of a home care attendant, or conflicts between the adult children from a prior marriage and a new spouse or close companion, our probate dispute lawyers can advise you about your legal options. Whatever steps we recommend for resolving your problem, we work toward repairing damaged family relationships when possible while addressing the problem at hand. When preserving family harmony is not possible, such as in cases of blatant exploitation of a vulnerable adult, we will aggressively litigate your case in probate court.

For further information about our ability to help you resolve disagreements concerning the care and independence of a loved one of declining capacity, contact an experienced Michigan elder law attorney at Barron, Rosenberg, Mayoras & Mayoras in Troy.