Resolving Competency Disputes

Competency Disputes – Reaching Resolution

Don’t let disagreements about competency tear you apart.

An aging parent produces many complications and even some conflicts. What can you do when dad is sick and you don’t think he is competent to make decisions but your siblings think you should honor his wishes no matter what? Turn to the lawyers at BRMM and The Center for Elder Law, and we can help you reach a resolution.

The best-laid plans don’t always go the way you wish. Even when you plan for the future and have wills, end-of-life planning and durable power of attorney in place, not everything goes as planned. You can’t always anticipate how your family members – or other stakeholders in your elder relative’s life – will agree or disagree on a loved one’s declining mental capacity.

Probate disputes in families regarding the competency of an elderly person are common. With our strong focus on elder law, BRMM attorneys have a comprehensive handle on ALL of the legal, financial and personal dimensions of an aging parent’s decline.

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. We represent family members, guardians, conservators, persons acting under powers of attorney, and the persons whose competency is called into question.

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.
We help settle disagreements about:

  • the extent of an elderly parent’s dementia
  • concerns about the influence and motivations of a home care attendant
  • conflicts between the adult children from a prior marriage and a new spouse or close companion

Our probate dispute lawyers can advise you about all of your legal options. And no matter which steps we recommend for resolving your problem, we work toward repairing damaged family relationships 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.

Count on The Center for Elder Law and the elder law experts at BRMM to help you find resolution.