A guardianship in Michigan allows an individual, or corporate entity, to manage the medical and personal welfare of another person who can no longer competently do so on his or her own. Unlike a power of attorney, which is created by the individual, a guardianship is a probate court proceeding which allows concerned individuals to petition the court to take charge when someone begins showing signs of diminished mental capacity.
Below we discuss some common examples for when you should pursue guardianship. If you have questions or need legal assistance with a Michigan guardianship, we invite you to call today for a free initial telephone consultation. Mobile Legal Services practices in probate courts throughout Southeast Michigan. Our probate attorneys meet clients in their homes, nursing homes, or other convenient locations — for no additional cost — in the Downriver Detroit area and all of Monroe County, Washtenaw County, Southern Macomb County, Oakland County, and Wayne County.
Tragic events strike on a daily basis, from an unexpected stroke to serious injuries in a car accident. Residents often need care to recover after suffering health problems. At these times, it may be appropriate for a parent, sibling, or close friend to assume guardianship.
Many seniors suffer serious mental and physical decline as they age. Instances of Alzheimer’s and dementia continue to increase as our population ages. It is important for loved ones to ensure the senior’s well-being, often by taking legal guardianship and making important decisions on the elderly individual’s behalf.
If the individual who needs assistance failed to execute a durable power of attorney before their incapacity, it may be necessary to ask the probate court for the authority to help them. While a power of attorney is often the best tool, when all else fails, guardianship proceedings may be required.
For a variety of reasons, biological parents may become unable to properly care for their children. At times, it is appropriate for relatives or loved ones to step in and assume guardianship of the children to ensure their well-being. If the parents did not plan for incapacity or death, the court would be responsible for appointing someone to serve.
Michigan law allows the parents to choose individual(s) they believe would be willing and able to raise their children if a situation ever arose where this was necessary. One of the hardest decisions facing parents preparing their estate plan is deciding who should be the guardian and conservator of their children should both parents be unable to act due to death or disability. The guardian would be responsible for providing not only food and shelter for the minors, but also love and emotional support to such children. The decision as to who a parent names as a potential guardian is therefore one of the most important decisions a client can make in their estate plan. Learn more about appointing a guardian for your children in your estate plan.
To consult with us about a Michigan guardianship, call today.