When a Michigan court appoints a guardian, it is often to protect the well-being of someone who cannot fully manage their affairs. This person, known as the ward, may be a minor child or an adult incapacitated due to illness, disability, or age. While guardianship provides essential protections, it does not erase all of the ward’s rights.
Our Plymouth attorneys at Steslicki & Ghannam, PLC, believe understanding the balance between a guardian’s authority and the rights a ward retains is essential for families making these difficult decisions.
The Role and Authority of a Guardian in Michigan
A guardian is granted legal authority by the court to make decisions on behalf of the ward. These responsibilities are designed to ensure the ward’s safety, health, and overall quality of life. Guardians may be responsible for decisions about medical treatment, housing, education, and daily care. In Michigan, the court tailors the scope of authority to fit the ward’s needs, which means a guardian may have full authority in some cases or only limited jurisdiction in others. The goal is to provide support while respecting the ward’s independence as much as possible.
Decisions Guardians Are Allowed to Make in Michigan
The specific powers of a guardian depend on the court’s order, but they often include:
- Choosing where the ward will live, such as in their own home, with family, or in a care facility.
- Consenting to necessary medical treatment and managing healthcare decisions.
- Overseeing education or vocational training for minors or young adults.
- Ensuring the ward’s daily needs, such as food, clothing, and safety, are met.
While a guardian has broad authority, they are also accountable to the court and must act in the ward’s best interests at all times. Periodic reports to the court may be required to show how the guardian is fulfilling these duties.
Rights That Remain With the Ward in Michigan
Even when under guardianship, wards do not lose all of their rights. Michigan law emphasizes that guardianship should be as limited as possible, leaving the ward with as much independence as they can reasonably manage.
Common rights that wards may retain include:
- The right to communicate freely with family and friends.
- The right to participate in decisions about their care and living arrangements.
- The right to manage some personal spending money.
- The right to express preferences regarding medical treatment, if capable.
For adult wards, courts often take into account their wishes and abilities before determining how much authority to give a guardian. This approach respects the dignity of the ward while ensuring they receive necessary protection.
Striking the Balance Between Protection and Independence
Guardianship is meant to protect vulnerable individuals, but it must also honor the personal rights of the ward. Courts in Michigan work to find a balance between these two priorities, tailoring guardianship arrangements so that the ward has as much freedom as possible while still being safe and supported. Families facing guardianship decisions often benefit from legal guidance to ensure the arrangement is appropriate and fair.
How Steslicki & Ghannam, PLC Can Help
Decisions about guardianship carry both legal and emotional weight. At Steslicki & Ghannam, PLC, our Plymouth attorneys help families in Wayne County and throughout Michigan navigate the guardianship process with clarity and compassion.
We work to ensure guardians understand their responsibilities and that wards retain the rights they deserve. If you are considering guardianship or have questions about your loved one’s rights, contact us today to schedule a consultation and learn more about your options
