Michigan Guardianship & Conservatorship Attorney

Understanding Michigan Guardianships and Conservatorship

When a loved one loses the ability to safely manage their own affairs, families are suddenly faced with difficult decisions. If the person has never signed Financial or Medical Powers of Attorney, Michigan law doesn’t allow anyone, not even a spouse or adult child, to simply step in and take over those responsibilities. Instead, a probate judge must step in and determine who, if anyone, should be legally appointed to help.

These proceedings are called guardianships and conservatorships, and they take place in the probate court of the county where the individual lives. While the process can feel intimidating, working with an experienced guardian and conservatorship attorney can make the process simplier.

What Happens When Someone Becomes Incapacitated?

“Incapacitated” does not mean helpless; it simply means that a person can no longer reliably make informed decisions about their own health, safety, or finances. Sometimes this develops gradually through dementia or illness; other times it happens suddenly due to an accident or medical emergency.

If no Power of Attorney exists, the probate court must determine the following:

1. Does the person truly need help?
   The judge reviews medical evaluations, family testimony, and evidence about the person’s ability to manage their affairs safely.
   
   
2. What type of help is appropriate?
   Michigan law requires judges to choose the least restrictive option. This means the judge will favor the smallest intervention needed to keep the person safe.
   
   
3. Who is the right person to appoint?
   The court must select someone who is trustworthy, capable, and willing to act in the individual’s best interests.

Based on the answers to these questions, the court may appoint a guardian, a conservator, or both, depending on the person’s needs.

Because these decisions can permanently affect a person’s rights and independence, having knowledgeable legal counsel is essential. A guardianship attorney ensures that the individual’s wishes, dignity, and preferences are fully considered.

Guardianship: Help With Personal and Medical Decisions

A guardian makes decisions about the individual’s personal well-being. They consider where they live, the care they receive, and the medical treatment they need.

Some people only need minor support. A guardian may simply help coordinate doctor visits, manage medications, or ensure they are living in a safe environment. Others may require more ongoing oversight, including placement in a nursing home, assisted living community, or full-time home care.

Michigan law aims to preserve as much of the person’s independence as possible. That means:

• The guardian’s powers must match the individual’s actual needs.
• The person keeps all rights they can safely exercise.
• Family members may remain heavily involved, even when not appointed as guardian.

Guardians must also report to the court every year, updating the judge on the person’s health, living situation, and overall well-being. Every few years, the court may also appoint a lawyer to investigate how the guardian is performing.

In reality, ongoing supervision is limited. Courts rely heavily on the honesty and diligence of the guardian. Which is why selecting the right person is critical.

Conservatorship: Help With Financial and Property Decisions

A conservator is appointed when an individual is unable to manage their own financial affairs including paying bills, maintaining property, protecting assets, or handling income. While a guardian oversees personal care and medical decisions, a conservator focuses solely on money, property, and financial protection. In some cases, one person may serve in both roles.

A conservator may have limited duties, such as paying routine household expenses or assisting with banking. In more serious situations, the conservator may take full control of all financial accounts, manage investments, sell or maintain real estate, or coordinate long-term financial planning to ensure the person’s needs are met.

Michigan law is designed to preserve autonomy whenever possible. That means:

• The conservator’s authority must not completely deny the individual’s involvement in his or her financial expenditures unless doing so is absolutely necessary to protect his or her finances.
• The person keeps all decision-making rights they can safely and responsibly exercise.
• Family members may remain involved in oversight, planning, and decision-making, even if they are not appointed as conservator.

Conservators must provide a detailed annual accounting to the court, documenting income, expenses, asset changes, and financial decisions made during the prior year. The accounting is shared with the individual and family members and is submitted to the probate court for review. In many cases, the court will also appoint an attorney to review the accounting to ensure accuracy and protect the individual’s interests.

In practice, however, probate oversight has limits. The court cannot monitor every financial decision and must rely heavily on the honesty, diligence, and competence of the conservator. This why selecting the right person is absolutely essential, that is someone trustworthy, organized, and financially responsible.