When a loved one is unable to manage their own personal or financial affairs, families often turn to the legal system for help. In Michigan, that typically involves guardianship, conservatorship, or in some cases, both. While these legal tools may seem similar, they serve different purposes, and understanding the distinction is crucial when deciding how to best protect someone vulnerable.
Understanding Guardianship in Michigan
Guardianship in Michigan is a legal arrangement that enables a court-appointed individual, known as a guardian, to make personal and medical decisions on behalf of an individual (the ward) who is unable to make these decisions independently. Guardianship is often used when an individual lacks the mental capacity to care for their well-being due to age, illness, injury, or disability.
A guardian’s responsibilities may include:
- Deciding where the person lives.
- Making healthcare decisions.
- Ensuring proper nutrition, clothing, and safety.
- Approving educational or rehabilitation services.
Courts are cautious about assigning guardianship because it involves removing a person’s autonomy. That’s why it’s only granted when there’s clear and convincing evidence that the individual is unable to make informed personal decisions on their own.
What Is a Conservatorship?
While guardianship focuses on personal care, conservatorship addresses financial matters. A conservator is appointed to manage the property, income, and economic decisions of an individual who is unable to do so responsibly. This is often necessary when someone is at risk of financial exploitation, or if their cognitive condition makes it difficult for them to handle money or pay bills.
A conservator may be responsible for:
- Paying expenses and managing budgets.
- Collecting and investing assets.
- Handling property and real estate matters.
- Filing taxes and keeping accurate financial records.
In some cases, the same person can serve as both guardian and conservator. However, courts will often appoint different individuals or entities to ensure checks and balances in the care of vulnerable adults or minors.
When Are These Appointments Needed?
In Michigan, guardianship or conservatorship becomes necessary when an individual is legally deemed incapacitated or financially unable to manage their affairs.
This can happen due to a wide range of conditions, such as:
- Alzheimer’s disease or dementia.
- Traumatic brain injuries.
- Severe mental illness.
- Developmental disabilities.
- Minor children without parental care.
Families may also seek temporary or emergency appointments in urgent situations. The legal process involves a petition, medical evaluations, and a court hearing, during which the judge determines whether the appointment is in the individual’s best interests.
Talk to a Plymouth Guardianship and Conservatorship Attorney
At Steslicki & Ghannam, PLC, we assist families in Plymouth and throughout Michigan in navigating the emotional and legal complexities of guardianship and conservatorship. Whether you’re protecting a loved one from harm or managing an estate responsibly, we’ll guide you through the court process with clarity and compassion.
Contact our team today to schedule a consultation and determine the best legal option for your situation.
