Contested and uncontested guardianship and conservatorship proceedings for adults and minors, and representation of fiduciaries in their duties.
Guardianship and conservatorship cases are governed by the Estates and Protected Individuals Code and are heard in the probate court. A guardian makes personal decisions for someone who cannot make them, such as where to live and what medical care to accept. A conservator manages property and finances. The two are often sought together, and they are often contested within the family.
Guardianship and conservatorship proceedings are often filed in circumstances that would be difficult under the best conditions and are rarely operating under the best conditions. The firm represents petitioners, respondents, and family members in contested guardianship and conservatorship matters, including cases involving allegations of elder abuse, undue influence, and contested mental capacity. The firm has won guardianship and conservatorship over mentally ill adult parents in highly contested family proceedings, and obtained full guardianship of minor children for grandparents in complex neglect and abandonment cases.
Past results do not guarantee a similar outcome. Every case depends on its own facts.
For an adult, the petitioner must show by clear and convincing evidence that the person is incapacitated and that a guardianship is necessary. Michigan law favors the least restrictive arrangement, so the court considers whether a limited guardianship, an existing power of attorney or patient advocate designation, or another alternative would meet the person’s needs. The individual has the right to be represented by counsel, to request an independent evaluation, and to be present at the hearing.
Guardianship of a minor is available when the parents’ rights have been terminated or suspended, or when the parents have allowed the child to live with another person without giving that person legal authority for the child’s care. Limited guardianships, which a parent consents to under a court-approved placement plan, are also common. Grandparents and other relatives are frequently the petitioners.
A conservator must file an inventory and annual accounts with the court, and both guardians and conservators answer to the court for how they carry out their duties. The firm represents fiduciaries in that work, and represents family members who question how it is being done.
A guardian makes personal decisions for someone who cannot make them, such as where the person lives and what medical care they receive. A conservator manages the person’s money and property. The same person can serve in both roles, but they are separate appointments with separate duties.
Often not. A valid durable power of attorney and a patient advocate designation, signed while the person still had capacity, can allow family members to manage finances and medical decisions without a court proceeding. Michigan law allows a guardian to be appointed only when it is necessary, and directs the court to grant only the powers the person’s limitations actually require, favoring a limited guardianship where one will do (MCL 700.5306).
A petition is filed in the probate court for the county where the person lives. The court typically appoints a guardian ad litem to meet with the person, explain their rights, and report back, and the person has the right to attend the hearing, to have a lawyer, and to object. The court then decides whether a guardian is needed and what powers, if any, to grant.
Yes, in certain circumstances. Michigan probate courts can appoint a guardian for a minor when the parents consent, when parental rights have been terminated or suspended, or in other situations defined by statute. A limited guardianship, in which the parents consent and remain involved under a court-approved plan, is common when parents cannot care for a child temporarily.
Guardians generally must file periodic reports with the probate court on the person’s condition and living situation. Conservators must file an inventory of the assets and regular accountings showing what came in and went out. Failing to file can lead to removal and personal liability.
These answers are general information about Michigan and federal law, not legal advice about your situation. Contacting the firm does not create an attorney-client relationship.
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