GUARDIANS & CONSERVATORS
If you are involved in guardianship or conservatorship proceedings, or seeking to avoid them upon death, we can help. Our experienced attorneys can guide you through the guardianship/conservatorship process and help you every step of the way.
WHAT IS A GUARDIAN?
Michigan law allows a judge to appoint a "guardian" of an adult in certain situations where help is needed. In order to appoint a guardian, a petition must be filed with the probate court. The judge will determine what decisions the guardian can make. Typically, a guardian has the same powers a parent would have over their child. A guardian might be able to decide:
Where the person lives
What medical care the person should receive
Who will care for the person every day
A guardianship may require numerous court appearances and filings. Court approval may be required to withdraw life support, which can add stress to an already emotional time. In addition, if you have not designated who you want to serve as guardian, a contested guardianship may occur, which may significantly increase costs.
WHAT IS A CONSERVATOR?
A conservator is a person given legal authority to act on behalf of another individual (the “protected individual”). In order for a conservator to be appointed, a petition must be filed with the probate court. A conservator typically can:
Manage assets and income
Pay bills
Make financial decisions for the protected individual
A conservator must file regular reports with the probate court detailing every transaction made on behalf of the protected individual. The conservatorship process can be stressful and time-consuming. In addition, if the protected individual has not designated who they want to serve as conservator, a contested conservatorship may occur, which may significantly increase costs.
AVOIDING GUARDIANSHIP AND/OR CONSERVATORSHIP WITH AN ESTATE PLAN
A properly drafted estate plan can avoid the need for a court-appointed guardian and/or conservator. Contact us today to schedule a consultation with one of our Estate Planning attorneys. We offer in-person, virtual and telephone appointments for your convenience.