AG Mike Cox has done a disservice to Michigan seniors. His office has created a website entitled "Senior Brigade" where they try to consolidate information seniors may find helpful. Unfortunately, one of the areas on the website has free legal forms to download. I refuse to link to the website because I think this is doing a great disservice to our Michigan seniors if they think they download a form, fill in the blanks, and have a substitute for sound legal advice. Estate planning is more than just having a document that says Michigan living trust, last will and testament, or power of attorney. Those documents need to meet your goals.
Some of the problems I have with this are:
Today, myself and many other Michigan estate planning lawyers and Michigan elder law lawyers are disappointed in the Attorney General Office and Mike Cox because he is doing a disservice to Michigan Seniors.
-Christopher J. Berry, Esq.
Michigan Estate Planning Lawyer
Some of the problems I have with this are:
- I don't know who drafted them, but the documents themselves are far from the best legal drafting I've seen. For example, the living trust form has no provision for the support of a spouse or dependents in the event of disability of the settlor.
- The financial power of attorney is far to broad and gives immediate power to do just about anything (which could lead to further elder abuse, thanks Mike Cox!)
- Read the disclaimers! While these documents are word documents that are easily downloadable and modified, there is a disclaimer that says "This is a form and the Attorney General is not
providing personal legal advice with the publication of this document. This
document is an informational guide..". In other words, this is no better than the Legalzooms, Suze Ormans, Quicken Willmakers, out there. Use at your own risk.
- This is confusing for Michigan Seniors. Doesn't this make it easier for unauthorized practice of law now that trust mill peddlers can say that the forms were "approved by the Michigan Attorney General himself!"?
- This reeks of a political move my Mike Cox to win the trust of Michigan seniors for his upcoming Governor race. In the end this is only hurting Michigan seniors. I am not aware of his office ever contacting the Michigan Elder Law Council or Michigan Estate planning Council of the State Bar of Michigan.
- There is more better senior information at the Michigan Long Term Care Connection website, which I am happy to link to here.
- On the site it implies fees for even significant probate estates were only around $500, which is ridiculous. Just a few weeks ago, we were sending a check to the Wayne County Probate court in amounts in excess of $1500 for an inventory fee.
Today, myself and many other Michigan estate planning lawyers and Michigan elder law lawyers are disappointed in the Attorney General Office and Mike Cox because he is doing a disservice to Michigan Seniors.
-Christopher J. Berry, Esq.
Michigan Estate Planning Lawyer
