Guardianships

1. What is a Guardianship?

A guardianship is a legal relationship in which a court appoints an individual or organization (the guardian) to make decisions on behalf of another person (the ward) who is unable to do so due to incapacity. In Michigan, guardianships are typically established for adults who cannot manage their own affairs due to physical or mental disabilities, such as those suffering from dementia, Alzheimer's disease, severe developmental disabilities, or a serious medical condition that impairs their decision-making capacity.

Guardianships can cover various aspects of a person’s life, including personal care, medical treatment decisions, and the management of finances. The person under guardianship is known as the ward, and their guardian assumes responsibility for making decisions that are in the ward’s best interests.

2. Types of Guardianships in Michigan

In Michigan, guardianships are divided into several categories based on the needs and circumstances of the ward. The court can grant a general guardianship or a limited guardianship, depending on the level of care and decision-making required.

a. Full Guardianship (General Guardianship)

A full guardianship grants the guardian the authority to make a wide range of decisions on behalf of the ward, including decisions regarding personal care, medical treatment, and living arrangements. In some cases, the guardian may also be authorized to manage the ward’s financial affairs. Full guardianships are typically appointed when the ward is unable to make any meaningful decisions or care for themselves due to significant incapacity.

b. Limited Guardianship

A limited guardianship grants the guardian authority over specific aspects of the ward’s life. This type of guardianship may be appropriate when the ward retains some decision-making capacity in certain areas but requires assistance with others. For example, an individual who can make everyday decisions but requires help with managing medical decisions or handling finances may be appointed a limited guardian. A limited guardianship ensures that the ward can still maintain some autonomy while receiving necessary support for specific needs.

c. Temporary Guardianship

A temporary guardianship may be granted in situations where an immediate need for a guardian arises but the court has not yet had time to establish a permanent guardianship. Temporary guardianships are typically appointed when there is an emergency situation that requires immediate decision-making, such as a sudden medical crisis. A temporary guardian is usually appointed for a limited period, and a hearing is scheduled to determine whether a permanent guardianship should be established.

3. The Guardianship Process in Michigan

Establishing a guardianship in Michigan is a legal process that involves several steps. The process typically begins when a concerned individual, often a family member, files a petition with the probate court in the county where the potential ward resides. Below is a general overview of the process:

a. Filing a Petition

To initiate a guardianship, the petitioner must file a petition for guardianship with the probate court. The petition must include detailed information about the proposed ward’s condition, the reasons why they are unable to make decisions, and why a guardian is necessary. The petition must also include the proposed guardian’s name and qualifications.

b. Notice and Hearing

Once the petition is filed, the probate court schedules a hearing. The court will notify the proposed ward, family members, and any interested parties about the hearing. If the proposed ward is capable of understanding the process, they have the right to attend the hearing and contest the guardianship. In cases where the ward cannot attend, a guardian ad litem may be appointed to represent their interests in the proceeding.

During the hearing, the court will review the evidence, including medical evaluations, testimony from healthcare professionals, and any other relevant information. The court will also assess whether the proposed guardian is suitable to act in the ward’s best interests.

c. Court Decision and Appointment of Guardian

If the court determines that the individual is incapacitated and in need of a guardian, it will issue an order granting guardianship. The court will also provide the appointed guardian with a list of their duties and responsibilities. The guardian will then assume the legal authority to make decisions for the ward and must act in the ward’s best interest at all times.

4. Responsibilities of a Guardian in Michigan

Guardians are fiduciaries, meaning they are legally obligated to act in the best interest of the ward. In Michigan, guardians have significant responsibilities, which vary depending on the type of guardianship.

a. Personal Care and Medical Decisions

The guardian is responsible for ensuring that the ward receives proper personal care and medical treatment. This may include decisions about the ward’s living arrangements, medical care, mental health treatment, and any other health-related matters. Guardians must make decisions that align with the ward’s known preferences or, if unknown, in a way that serves the ward’s best interest.

b. Financial Management

In cases where the guardian is also responsible for the ward’s finances, the guardian must manage the ward’s income, assets, and property. This includes paying bills, managing investments, filing taxes, and ensuring that the ward’s financial affairs are in order. The guardian must avoid conflicts of interest and be transparent about all financial transactions, reporting to the court as required.

c. Regular Reporting to the Court

Guardians are required to provide regular updates to the probate court regarding the ward’s wellbeing and financial status. This may include submitting reports on the ward’s medical care, living arrangements, and any significant changes in their situation. These reports help ensure that the guardian is fulfilling their duties appropriately and that the ward’s needs are being met.

5. Ending or Modifying a Guardianship

A guardianship may be modified or terminated if the ward’s condition improves or if circumstances change. For example, if a ward regains the ability to make decisions for themselves, the court may decide to terminate the guardianship. Guardians can also petition the court for a change in the scope of their authority, such as requesting that they be relieved of financial management duties if the ward can handle those matters independently.

If a guardian is not fulfilling their responsibilities or is not acting in the ward’s best interests, the court can remove the guardian and appoint a new one.

6. Alternatives to Guardianship

In some cases, alternatives to guardianship may be more appropriate. These alternatives include:

• Power of Attorney: A durable power of attorney allows an individual to designate someone to make decisions on their behalf if they become incapacitated. This tool can be used for financial or healthcare decisions.
• Living Will or Healthcare Directive: A living will allows individuals to specify their preferences for medical treatment if they become incapacitated.

While these alternatives may be more flexible than a guardianship, they are only effective if established before an individual becomes incapacitated.

7. Conclusion

Guardianships are a vital legal tool for protecting individuals who are unable to care for themselves due to mental or physical incapacity. In Michigan, the guardianship process ensures that the needs of vulnerable adults are met while safeguarding their rights. If you believe that a guardianship is necessary for a loved one, it’s important to consult with an experienced probate attorney who can guide you through the process and ensure that the best interests of the ward are upheld.

Works Cited

Michigan Courts. "Guardianship and Conservatorship," Michigan Courts, 2024, https://www.michigan.gov/courts.

State Bar of Michigan. "Guardianship and Conservatorship," State Bar of Michigan, 2024, https://www.michbar.org.

Michigan Legal Help. "Guardianship in Michigan," Michigan Legal Help, 2024, https://michiganlegalhelp.org.