Guardianship is a legal relationship by which a court gives a person (the “guardian”) authority to make decisions about another person’s welfare, finances, or both. Because it limits individual autonomy, Michigan law requires that guardianship be used only when necessary, and that less restrictive alternatives be considered first.

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Before pursuing guardianship, many people explore options such as:

• Powers of attorney

• Health care / patient advocate designations

• Advance directives

• Limited guardianship powers

 

If those are insufficient to protect the well‐being of the person, guardianship may be appropriate. Michigan's Estates and Protected Individuals Code governs guardianships for adults who cannot care for themselves.  A “legally incapacitated individual” is an adult who, due to mental illness, mental deficiency, physical illness or disability, chronic substance abuse, or other cause, lacks sufficient understanding or capacity to make or communicate responsible decisions with respect to his or her person or property.

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When a court finds that someone is incapacitated and needs help caring for themselves, it can appoint a guardian who has full or limited powers.  Temporary guardians may also be appointed in emergencies. Standby guardianships may be designated ahead of time.

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To establish a guardianship, the person or any other person interested in their welfare may file a petition stating why guardian is needed, the condition, and examples of recent conduct showing incapacity.  After the petition is filed, the court will usually appoint a Guardian ad Litem to investigate the circumstances any may appoint legal counsel for the individual.  After a hearing where interested parties have a chance to present facts and arguments about whether guardianship is necessary and what powers should be granted, the court will decide whether to grant the petition and appoint a guardian.  If granted, the court issues an order appointing either a partial or a plenary guardian (for person, estate, or both) and defines the scope of powers, sets duties, possibly designates a standby guardian.

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A court-appointed guardian will have ongoing responsibilities to report annually to the court about the person and possibly provide an accounting of finances. A guardian must secure services, training, or therapeutic supports as appropriate.

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If you are considering guardianship for a loved one or yourself, or need help navigating which type is appropriate, how to petition, or how to prepare required documents or evaluations, Maple Law Group can help.  Call (734) 519-1019 or email info@maplelawgroup.com to schedule a free consultation.​

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