
Visitation of Incapacitated Individuals
Family dynamics often become complicated and strained when a family member is incapacitated by dementia or other disease or injury. Often, one individual, whether acting under powers of attorney or appointment as guardian by the Probate Court, has care and custody of the incapacitated individual and may limit or deny visitation of that incapacitated individual by other family members. A change to Michigan law now addresses this circumstance.
If one is excluded from contact with a family member, it is possible that the Probate Court may be able to provide relief. A petition must be filed and at the time of a hearing the Court must find that a person with care and custody of an incapacitated individual has denied visitation. The Court must also find that either the incapacitated individual would like contact with the excluded individual or that contact is in the best interest of the incapacitated individual. If the Court makes these findings, it may appoint a guardian for the limited purpose of supervising visitation between the incapacitated individual and the excluded individual. This change in the law is much needed for family members who may otherwise be cut out of the life of an incapacitated individual.
If we can assist you with the need for a limited guardianship, please contact us to discuss.
I need help for visitation for my disabled mother
I would consult an attorney that deals with guardianships!
my mother is currently in ICU just getting off a ventilator me and her mother and sister have unrelated personal family issues and there was there has been no power of attorney established with my mother before this happened. There’s no guardian and her mother and her sister has had me restricted so she’s got into the hospital from seeing her or getting any information on her oldest living daughter. I have made multiple phone calls and I’m just getting the runaround. My mother is just now starting to wake up and come to, she had a skull fracture with her skull was pushed in and I need to visit her so we will come back with me. I need help to visit my mother please there’s also something being said that there was people playing with her ventilator. That’s why the restrictions came about, but there’s only been her mother and her sister there to visit besides my little sister. I never visited so if there was only playing with the ventilator two ladies in her room would only be her mother and her sister, but yet they’re making all these decisions and caught all these shots and they are the ones that have my mom in danger. My grandmother is the reason why she’s there please help me 313-470-6235.
This sounds like it is in the Detroit area, you may want to try Chalgian & Tripp in Southfield, Michigan.