Establish A Guardian Or Conservatorship In Michigan
If an elderly or disabled member of your family needs help managing their personal or financial affairs, you may look for guidance and understanding about guardianships and conservatorships.
Our estate planning law firm in Kalamazoo provides guidance for individuals and families with such predicaments. We can take you through the guardianship or conservatorship process and getting the most appropriate guardian or conservator appointed.
Examples Of Scenarios Requiring Guardianship Or Conservatorship
Examples of situations that cause many people to seek guardianships or conservatorships include:
- A child’s parents have died or are otherwise unavailable — perhaps addicted to drugs or incarcerated. The child needs a guardian unless and until someone adopts them.
- An older adult in the family has developed Alzheimer’s or any form of dementia and is no longer able to manage their own financial affairs.
While these stories may sound clearcut, in practice, there are often controversies. The person with the disabilities or someone who is trying to advocate for them may be concerned about ways of balancing concepts of autonomy and protection for Incapacitated Individuals.
A judge often wants to see firm evidence that someone cannot handle their own affairs before appointing a guardian or conservator for the person.
Common Questions About Guardianships And Conservatorships
We look forward to answering your questions such as those below regarding your interest in a guardianship or conservatorship for a loved one or close friend.
What does a guardian do?
In Michigan, a court-appointed guardian can make decisions for someone who is immature or incapacitated. Terms of the guardianship will spell out what kinds of decisions the guardian can make for someone else.
What does a conservator do?
A probate court appoints a conservator to manage financial and legal affairs of an adult who is unable to do so. Someone with disabilities in need of a conservatorship may be an adult of any age.
Are there alternatives to conservatorship when someone is incapacitated and needs someone else to manage their financial affairs?
A review of all circumstances by an experienced lawyer may answer this question. For example, our attorneys can help you determine whether a court-authorized durable power of attorney already exists or if it is possible to create one that might be more appropriate than a conservatorship. Schedule a consultation to discuss the needs and options.
Initiate The Process For Establishing A Guardianship Or Conservatorship
Consulting with professionals can give you a clear understanding of the best course of action, how to get started and how to ensure that a guardian or conservator knows how to fulfill their duties.
Contact our attorneys regarding your concerns about a potential guardianship or conservatorship for your family member or someone else close to you. Call 269-242-2332 or send an email inquiry.