Guardianship Lawyers

Let Our Michigan Attorneys Provide Guidance and Insights into Guardianships and Conservatorships

When a loved one can no longer properly care for themselves, it can feel overwhelming. As a result, you may have more questions than answers as you begin the guardianship and conservatorship process.

If you need help understanding the right steps to take with Michigan guardianships and conservatorships, let the attorneys at Heath & Kolomjec provide the guidance you’re looking for.

Our decades of experience provide you with the help you need to make the best choices while also ensuring all matters take place legally.

Understanding Guardianships vs Conservatorships

To protect and care for a vulnerable person in the way they need, Michigan allows for both guardianships and conservatorships.

Some mistakenly feel that these two roles are interchangeable, especially since one person may be assigned both roles. However, each one involves different responsibilities and protections for vulnerable people with different needs:

Guardianships

Michigan probate courts appoint guardianships, where an individual (the guardian) is allowed to make personal, financial, and medical decisions for a vulnerable individual (the ward) who is unable to make decisions independently due to a disability or incapacity.

This can be a full guardianship that allows a guardian to manage all aspects of a person’s life, or limited guardianship to only manage specific aspects for them.

Conservatorships

A conservatorship generally involves managing the financial or business affairs of someone who cannot manage their property or business due to physical or mental disabilities, chronic intoxication, or other issues.

Who May Need a Guardianship

It can be a difficult choice for families to decide whether or not their loved one needs a guardianship. The attorneys at Heath & Kolomjec have decades of experience helping in these situations. To help you understand what’s best for you, we have outlined some of the most common situations that lead to a petition for guardianship.

Elderly adults with dementia

Alzheimer’s disease and other forms of dementia can begin to slowly manifest themselves in elderly individuals. Early signs include forgetfulness, confusion, poor financial judgment, and social withdrawal.

When these signs begin to manifest themselves, many families begin the guardianship process.

Adults with special needs

Parents of adult children with developmental disabilities may seek guardianship when their child turns 18 to continue assisting with healthcare, education, and living arrangements.

These special needs include those with autism, intellectual disabilities, or neurological impairments.

Michigan law recognizes guardianships for the developmentally disabled, providing flexibility while promoting independence whenever possible.

Children of unfit parents

Sadly, some children are the victims of parents who are not fit to care for them. This may be due to mental health issues, drug addiction, alcoholism, or other problems that prevent them from providing the care and support they deserve. As a result, a family member may petition for guardianship of the children.

Our attorneys are ready to help you determine which approach will ensure your loved one receives the care they need.

How to Establish Guardianships in Michigan

To establish a guardianship in Michigan, a person interested in the welfare of the vulnerable individual or the vulnerable person themselves must file a petition with the probate court in the county where the vulnerable individual resides.

This petition provides clear, convincing evidence that the individual needs the guardianship to receive the care they need. Evidence can include a court-ordered medical evaluation, prior medical reports, financial records, as well as testimony from family, caregivers, or physicians.

Upon filing the petition, the court will investigate the situation. A hearing will be held to examine the evidence presented regarding the individual’s level of understanding and capacity, along with their ability to care for themselves.

If the court finds guardianship necessary, it will issue an order appointing a guardian.

The attorneys at Heath & Kolomjec know how to guide clients through each step of the petitioning process. This includes ensuring all documentation is properly filed and that hearings are skillfully handled in order to protect the interests of the vulnerable individual.

Types of Guardianships and their Requirements

Michigan allows for two basic types of guardianships:

Full Guardianship

A person may be granted full guardianship under Michigan law that provides them broad authority over the vulnerable individual’s affairs. This can include full control of their medical care and financial matters.

Limited Guardianship

Michigan courts want vulnerable individuals to be as self-reliant as possible, yet also recognizes they may need someone to care for certain tasks beyond their abilities.

In these cases, the court appoints a limited guardian to provide help in a specific area or to make some important decisions, such as with living arrangements.

However, the vulnerable individual retains other rights and responsibilities that they are able to care for.

In some urgent situations, a temporary guardianship may be ordered until a permanent solution is determined.

Guardianship requirements

While a basic requirement for a guardian is that they are at least 18 years of age and are both willing and able to serve, Michigan law provides detailed direction for courts on who may serve as a guardian in each case.

For example, the court will take certain factors into consideration, such as the vulnerable individual’s wishes, the relation the potential guardian has with the individual, and how suitable the potential guardian will be for the role.

Once appointed, a full guardian must provide at least quarterly visits to a vulnerable individual who is an adult in order to ensure:

• They are safe
• They have proper food and clothing
• Their dwelling is appropriate for them
• They are receiving the medical care they need

Additionally, the guardian must prepare a yearly report on the condition of the incapacitated individual and file the report with the probate court. Copies of the report are given to the incapacitated individual and all interested persons as defined by court order.

A limited guardian may also be responsible for fulfilling some of the needs listed above, which will be specifically stated in the court order.

If you need help at any point during the guardianship process, let the attorneys at Heath & Kolomjec provide the legal guidance you’re looking for.

Grandparents as Guardians

If a child’s parents are not fit to care for them, grandparents often want to step in to provide the care children need as guardians.

However, Michigan generally favors parents in guardianship matters. As a result, it may be difficult for grandparents to become guardians of the children if the parents have an impairment that is not clearly documented, such as a drug addiction.

In cases like these, an effective approach is for the grandparents to first petition the courts as a temporary guardianship. Once they have received this, the grandparents now have standing to sue for custody in the family courts as a guardian.

It’s examples like this that demonstrates how the experienced attorneys at Heath & Kolomjec know exactly what strategies to choose in each situation in order to achieve favorable outcomes with guardianships.

Conservatorships in Michigan

When a vulnerable individual is unable to responsibly manage their assets such as bank accounts, real estate, or investments, Michigan law allows for a conservator to be appointed to care for these matters.

To receive a conservatorship in Michigan, a conservatorship petition must be filed with probate court. This petition includes details about the individual and evidence that they are unable to manage their assets properly.

After the court investigates the necessity of the conservatorship, they will appoint a conservator to act in the protected individual’s best financial interest.

Conservator responsibilities include:

• Inventorying assets of the vulnerable individual
• Managing their income and expenses
• Making prudent investments for them
• Seeking court approval for any significant financial transactions
• Filing annual accounts with the court

Being a conservator is a weighty responsibility, since failing to properly manage the individual’s finances can result in their removal as conservator or even legal liability.

Heath & Kolomjec is ready to help provide a clear understanding of these obligations, assist conservators with setup and ongoing management, and guide any reporting requirements to ensure full legal compliance.

Dispute Resolution

Not surprisingly, concerns among family members or other parties may lead to disagreements. In turn, these can affect guardianship and conservatorship proceedings or appointments.

Common reasons for disputes include:

• Whether a guardianship or conservatorship is necessary
• Who is the best person to serve as guardian or conservator for a vulnerable loved one
• Whether or not a guardian or conservator is fulfilling their responsibilities

While Michigan courts encourage resolution through mediation where possible, there are times when litigation becomes necessary.

Grounds for contesting a guardianship or conservatorship can include:

• Allegations of abuse or neglect
• Financial mismanagement
• Improper influence or fraud
• Failure to act in the vulnerable individual’s best interests

The attorneys at Heath & Kolomjec know how to both challenge and defend guardianships and conservatorships. Let us diligently work to help resolve disputes and protect the welfare of your vulnerable loved one.

Get Trustworthy Guardianship and Conservatorship Answers

Whether you are seeking to establish a guardianship, manage an existing conservatorship, or resolve a family dispute involving a vulnerable loved one, you need answers you can count on to confidently make the best choices and take the right steps.

The attorneys at Heath & Kolomjec have over 60 years of combined experience handling these complex matters. Let us help you manage each aspect of the process to ensure your loved one is cared for.