Michigan families often feel overwhelmed when a loved one becomes unable to manage their personal care, medical decisions, or finances.
Fortunately, Michigan provides the legal power needed to care for our loved ones who need more help in a variety of ways, including guardianships and conservatorships
The Michigan guardianship and conservatorship attorneys at Mall Malisow & Cooney have helped thousands of Michigan families like you understand these roles.
Let us provide the same clarity for you by showing what responsibilities a guardian or conservator holds, how disputes are resolved, and what options exist when a guardian or conservator is not meeting their obligations.
What Is a Michigan Guardianship?
When a person can no longer make sound personal or medical decisions for themselves, they need someone else to do so. To care for this need, Michigan law allows the courts to appoint a guardian. These arrangements are known as a guardianship.
The purpose of guardianship is to ensure that the incapacitated person receives proper care, including appropriate housing, medical treatment, personal hygiene, and other day-to-day needs.
Michigan law defines an “incapacitated individual” as someone impaired by:
- Mental illness
- Cognitive decline
- Physical disability
- Chronic substance abuse
- Another condition that prevents them from making or communicating informed decisions.
As a result, Michigan guardianships may be necessary for:
- Aging individuals experiencing dementia
- Individuals with severe mental illness
- Adults with developmental disabilities
- Those whose condition places them at risk of harm or exploitation
Before appointing a guardianship, however, the courts need to first be provided with clear evidence that the individual is unable to make informed decisions about their own care. They also need to be shown that there isn’t a less restrictive alternative available that will properly protect them.
Michigan courts strongly favor limited guardianships when possible. As a result, courts often restrict a guardian’s authority to only the decisions the individual cannot manage. This protects as much independence as possible while still caring for the vulnerable person’s safety.
If you have questions about what your options are when it comes to caring for an incapacitated loved one, let our Michigan guardianship attorneys help.
Roles and Responsibilities of a Michigan Guardian
A Michigan guardian is responsible for making decisions about the protected person’s care and well-being. However, the scope of this authority depends on whether the guardianship is full or limited.
Regardless of the level of their authority, however, all Michigan guardians must comply with the statutory duties outlined by Michigan law. These guardian duties typically include:
Ensuring appropriate care and living arrangements
The guardian determines where the protected individual lives. This may be at home, with family, in assisted living, or in a nursing facility.
When making this decision, the guardian must factor in the individual’s preferences whenever possible so that their decisions support both the individual’s safety and quality of life.
Medical decisions and consent
The guardian provides informed consent for medical matters. These can include treatment, surgery, therapy, and medication.
In order to care for these matters, they also need to communicate with healthcare providers and participate in treatment planning.
And if end-of-life decisions are required, a guardian must make a decision that is in harmony with the individual’s known wishes to the fullest extent possible.
Protecting the individual’s welfare
Ensuring that the protected individual is cared for may also include practical matters like supervising the individual when necessary, helping them maintain personal hygiene, ensuring they receive food and clothing, and making sure their general needs are met.
Advocacy
A guardian often has to advocate for the protected individual in healthcare, housing, and service matters. In addition, they ensure the individual receives government benefits or community resources that care for their well-being.
Reporting to the court
Michigan law requires guardians to file annual reports. These reports update the court on the individual’s living situation, physical and mental condition, services received, and whether the guardianship continues to be necessary.
Additionally, guardians act as fiduciaries, which means they must make decisions in the individual’s best interests, avoid conflicts of interest, and carry out their responsibilities with diligence and integrity.
If you need help establishing or maintaining a Michigan guardianship, our Michigan estate planning attorneys are ready to assist you.
What Is a Michigan Conservatorship?
While a guardianship focuses on making decisions for the care and well-being of a vulnerable person, a conservatorship focuses on caring for financial matters for an individual who can no longer manage their affairs.
Michigan law provides legal standards for conservatorship appointments, which include demonstrating to the court that the person is unable to manage their property or financial matters.
This may be due to:
Mental illness
Those with a mental illness may have little or no ability to understand money management, thus requiring someone else to care for these matters.
A physical disability
Physical disabilities that limit a person’s ability to care for financial matters may suffer from dementia, stroke, or another condition that resulted in cognitive limitation.
Chronic substance abuse
Those who have been impacted by chronic substance abuse may make them vulnerable to undue influence, exploitation, or financial manipulation.
Detention by foreign power or disappearance
Although rare, a person’s assets may be wasted or dissipated without court intervention. In these cases, a conservatorship would be granted to prevent this from happening.
Regardless of the reason, the end result of a conservatorship is the same: establishing authority to help prevent a loved one from being financially harmed or exploited.
If this is what your loved one may be facing, let our experienced Michigan conservatorship attorneys help.
Roles and Responsibilities of a Michigan Conservator
Under Michigan law, a conservator can provide financial care and asset management on behalf of the vulnerable person, such as by maintaining accurate financial records and managing the protected individual’s property for their benefit.
A conservator’s responsibilities often include:
Managing income and expenses
The conservator oversees all financial matters, including paying bills and managing bank accounts. They also ensure ongoing expenses such as housing or medical care are cared for.
Protecting assets
This includes securing property, managing investments, collecting debts owed to the individual, and ensuring assets are not wasted or stolen.
Handling real estate
Michigan law allows a conservator to sell, purchase, or lease real estate if necessary, although certain transactions require court approval.
Budgeting
The conservator must prepare and maintain a budget that helps care for the protected person’s needs while preserving assets to the greatest extent possible.
Filing inventory and annual accounting
Michigan law requires a conservator to submit an inventory of all assets within 56 days of appointment, while another law requires annual accounting reports to be provided for court review to ensure compliance.
Planning for taxes and benefits
Conservators often coordinate with tax professionals, apply for government benefits such as Medicaid or Social Security, and ensure the individual maintains eligibility for essential programs.
While a Michigan conservator has significant authority, they are also subject to strict fiduciary obligations. They also must manage finances with the same care a person would use with their own assets.
If you need help establishing or managing these responsibilities, let our Michigan conservator attorneys help.
Key Differences in Michigan Guardianships vs Conservatorships
Although guardianships and conservatorships are often discussed together, the two roles serve very distinct purposes. Additionally, many cases reveal that a vulnerable person may need someone to serve in one role but not the other.
Our Michigan estate planning attorneys have contrasted the two roles below if you need help deciding the level of care that a disabled loved one requires.
Type of authority
Guardians manage personal care and wellbeing; conservators handle finances.
Standard of incapacity
The court may determine that an individual can make their own medical decisions, but cannot manage complex finances — or vice versa.
Reporting obligations
Guardians file annual reports regarding the person’s condition, while conservators provide detailed annual accountings of all income and expenses.
Practical involvement
Guardians may interact with the person frequently to provide the practical care they need, or even provide daily care.
However, conservators often interact less frequently, since their responsibilities don’t require regular contact to care for their financial matters.
Appointment of professionals
In more complex cases, courts may appoint professional guardians or conservators when family members are not capable of serving.
It’s important to note that each person’s needs are unique. For example, some cases allow for the same person to serve as both guardian and conservator. In others, the court may appoint different individuals based on the person’s strengths and the needs of the protected individual.
If you need help understanding if your loved one needs a guardian or conservator, our Michigan attorneys are ready to provide clarity.
When a Michigan Guardianship or Conservatorship Is Necessary
When seeking the advice of our guardianship and conservatorship attorneys, Michigan families often mention that they’re struggling to determine when it is time to seek guardianship or conservatorship.
To help you make the best choice, our attorneys have compiled a list of indicators that your loved one may need a guardianship or conservatorship:
- The individual is no longer able to make medical or personal decisions
- They forget medication, cannot manage daily hygiene, or become unsafe living alone
- They have been financially exploited or scammed
- They cannot individually manage money, bills, or bank accounts
- Their condition (such as dementia) has progressed to the point where they cannot understand their own medical or financial information
Our attorneys understand what a stressful, confusing situation this may be for everyone involved. That’s why we’re ready to provide you and your family with the personalized guidance you need to make the best guardianship and conservatorship decisions.
Disputes Involving a Guardian or Conservator
We often are especially protective over vulnerable members of our family. As a result, disputes surrounding guardianship and conservatorship are common.
For example, friends or family members may disagree about care decisions, financial management, living arrangements, or the appropriateness of the guardian or conservator’s actions.
Common disputes involve:
Concerns about misuse of funds.
If family members believe a conservator is mishandling money, they can request a court review.
Disagreements about living arrangements.
Some family members may want the vulnerable individual to stay at home, while others may insist on assisted living.
Conflicts among siblings.
Adult children sometimes disagree about who should serve as a guardian or conservator, or whether either role is even needed.
Failure to communicate.
Guardians or conservators are supposed to keep family informed of important changes or decisions, yet some fail to do so.
Allegations of abuse or neglect.
Financial exploitation, medical neglect, or excessive control of the vulnerable person may lead to legal intervention.
If this is the situation you’ve found yourself in, then you may need to utilize Michigan courts for remedies for disputes. These remedies may include:
- Petitioning the court for accounting reviews
- Requesting modifications to guardianship or conservatorship powers
- Seek removal of the guardian or conservator
- Request appointment of a successor guardian or conservator
- File objections to care or financial decisions
If this is the approach you choose, then you can expect the court to hold hearings, evaluate any evidence presented, and take steps necessary to protect the vulnerable individual.
Our guardianship and conservatorship lawyers are ready to help you handle each step of these sensitive issues to help you care for your vulnerable loved one.
What Happens When a Guardian or Conservator Fails to Perform Their Duties
Guardians and conservators are fiduciaries. That means Michigan gives them the legal power to make decisions in the individual’s best interests.
However, if they fail in their duties, the court can take a number of different actions against them.
These include:
- Order corrective action
- Limit their authority
- Demand a revised care plan or accounting
- Require repayment for misuse of funds
- Remove and replace them
- Refer the case for criminal investigation if exploitation occurred
In some situations, emergency guardians or conservators may be appointed temporarily when immediate action is needed to protect the individual from harm.
If you need help challenging the appointment of a guardian or conservator, then turn to Mall Malisow & Cooney to provide the legal advocacy you need.
Alternatives to Guardianship and Conservatorship in Michigan
Michigan courts don’t want to overly restrict any individual, regardless of who they are or what limitations they may possess.
As a result, courts promote autonomy whenever possible.
When a person retains legal capacity, alternatives may include:
- Durable Powers of Attorney
- Patient Advocate Designations
- Revocable Trusts
- Joint financial accounts
- Supported decision-making arrangements
These legal tools often avoid the need for court involvement. However, once an individual loses capacity, these alternatives may no longer be available, and guardianship or conservatorship becomes necessary.
If you’re looking for the best approach to helping your vulnerable loved one, our Michigan estate planning attorneys are ready to provide the personalized guidance you and your family deserve.
Get Legal Help from Skilled Michigan Guardianship Attorneys
Guardianship and conservatorship cases often involve complicated medical, financial, and family issues. Not only that, but there may also be unexpected situations that arise when trying to protect the vulnerable individual, such as disputes or emergency interventions.
Our skilled Michigan guardianship attorneys can help with every aspect of your guardianship or conservatorship needs. This includes evaluating capacity, proposing less restrictive alternatives, and guiding your family through the court process.
Contact Our Michigan Guardian Lawyers Today
When your loved one needs a guardianship or conservatorship, turn to the attorneys who have already helped thousands of Michigan families navigate their complex guardianship and conservatorship cases.
Mall Malisow & Cooney are ready to provide the legal guidance you need to understand exactly what your family’s legal needs are and how to care for them in the best way possible.
Call us today at 248-538-1800, or fill out our contact form.