Guardianship and conservatorship remove an individual’s legal rights to make some or all decisions about their own life. Because these arrangements can be highly restrictive, Michigan law requires that they be used only when necessary, and only after exploring less restrictive options. For many families of individuals for intellectual/developmental disabilities, there are effective alternatives that can provide needed support while maintaining personal autonomy and dignity. These alternatives can be tailored to meet a person’s specific needs—offering protection, collaboration, and empowerment without full court intervention.

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Advisors and Advocates

Advisors and advocates can assist a person with I/DD in much the same way that friends 
and family without I/DD assist one another in life.  Advisors and advocates may serve informally or may serve with a written agreement.  Advisors and advocates may be unpaid family and friends, or professionals who are paid for their service.

 

More and more automated services are becoming available that may be a reliable support.
Advisors and advocates can assist the person in developing protective mechanisms such as
automatic banking (e.g. automatic deposits and automatic bill payment) with periodic monitoring, opting out of credit card offers using the 5-year or permanent opt out elections, opening a limited bank account that requires a co-signer, has a ceiling limit, is a pour-over account, or is an ABLE account. 
 

Powers of Attorney

A financial (durable) power of attorney lets an individual name someone they trust to assist with managing money, paying bills, or making other financial decisions. This authority can take effect immediately or only if the person later becomes unable to act for themselves.
A health care power of attorney (also called a patient advocate designation) allows a person to identify someone to make medical decisions or assist in communicating health care preferences. This document may express wishes about medical care, living arrangements, and services in advance, reducing the need for substitute decision-making later. Both types of power of attorney preserve autonomy by allowing the person to define the scope of authority and revoke the document at any time.

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Representative Payee

If a person receives Social Security benefits, but struggles to manage those funds, the Social Security Administration can appoint a representative payee to receive and use benefits on their behalf.

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Special Needs and Pooled Trusts

For individuals with disabilities who receive needs-based public benefits, special needs trusts and pooled trusts can manage resources for their benefit while preserving eligibility for programs such as Medicaid or SSI. These trusts can fund quality-of-life expenses—like education, recreation, and personal supports—without granting direct control of assets that might jeopardize benefits.

 

Protective Orders
In some cases, a protective order can authorize limited court involvement to safeguard a person’s property or income without creating a full conservatorship. These tools provide targeted assistance without removing other rights.

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Each person’s circumstances are unique. What matters most is choosing supports that promote independence and safety while respecting the individual’s rights. Guardianship and conservatorship should be considered only after all other options have been evaluated and found inadequate.

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Maple Law Group helps families explore the full range of alternatives.  Contact Maple Law Group at (734) 519-1019 or email info@maplelawgroup.com for a free consultation.

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