Is it lawful for a relative who has been absent in a persons life to come and try and take charge during her final days?

UPDATED: Oct 1, 2022

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Is it lawful for a relative who has been absent in a persons life to come and try and take charge during her final days?

My grandmother is dying and her daughter
who has been absent for around a decade
has decided shes going to come to where
my grandma lives and start to take
control. I guess my question is ‘Is
there any legal action i can take to
prevent them from basically booting my
sister and myself out and taking over.

Asked on July 21, 2018 under Estate Planning, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The absent daughter cannot "take charge" of anything without your grandmother's consent--if your grandmother is not going along with her, you can ignore her. If your grandmother is going along with her, listening to her, or letting her do this, however, then she can: your grandmother may be dying, but it is her life, and she decides who she wants around, what she wants to do, etc. You cannot legally override her wishes--but as stated, have no need to do anything legal if she does not have your grandmother's support.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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