As her daughter, how do I take over her finances to ensure stability in her elder years? 5 Answers as of July 01, 2014

My mother is a gambler who has gambled pretty much everything. It is not only affecting us financially but also mentally as well. I along with others who are close to her are concerned.

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Frederick & Frederick PLC | James P Frederick
As long as your mother has legal capacity, there is very little you can do, other than to communicate with her and try to persuade her to seek help. You can suggest that she meet with an attorney to get her estate planning in order. She should have a general durable power of attorney, for example, for health and financial matters. That way, if she ever loses capacity, you can step in and take care of things to protect her. If that were to happen and you did not have POA, then you would need to go to the probate court to seek appointment as her guardian and conservator. Unfortunately, that does not solve the ongoing issue of her gambling. The law normally does not protect people from themselves and the unhealthy choices. In Michigan, at least, you are not responsible for HER debts, and any creditors that she has can only come after HER assets.
Answer Applies to: Michigan
Replied: 7/1/2014
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
If she is incompetent to manage her own affairs you can petition a court to become her guardian.. then she cannot spend her money without your approval
Answer Applies to: Michigan
Replied: 7/1/2014
Hamblin Law Office | Sally Hamblin
Understand your feelings, but not clear on your concerns. If her bills are paid, she is using her own money, and not incompetent, then what legal issues are there. There are counselors who focus on gambling problems.
Answer Applies to: Michigan
Replied: 7/1/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Seek to be appointed a conservator if she is out of control. If she actually is not, stop enabling her.
Answer Applies to: Michigan
Replied: 7/1/2014
Law Offices of Ezra N. Goldman
Law Offices of Ezra N. Goldman | Ezra Goldman
Making poor choices is not enough of a reason for you to control your mother's finances. If a doctor will testify that she is not competent to handle her affairs, you can petition the Court to have a Guardian appointed.
Answer Applies to: Michigan
Replied: 7/1/2014
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