Marlaine C. Teahan, PLC, Attorney and Counselor at Law

Home • Practice Areas • Biography • Forms • Links • Email Marlaine


*Guardianships*
	Guardianships Of Incapacitated Individuals If you have a loved one that can not care for herself or himself, s/he may need a Guardian. I can assist you in the following ways: Explain the duties of a Guardian Help you determine if a Guardian is necessary Help you evaluate the alternatives to Guardianship Prepare, file and serve the Petition for Guardianship Represent you at the Hearing Assist you in filing your Annual Reports Serve your Annual Reports on the interested persons who must, by law, receive them Common Questions and Answers What is a Guardian? A Guardian is a person who has been appointed by a Probate Court to make decisions about the care and custody of a person who is determined by to be an “Incapacitated Individual.” A Guardian can be given full or limited powers. A Full Guardian makes all the decisions for the individual while a Limited Guardian makes only those decisions that are allowed by the Probate Court. What is an Incapacitated Individual? An incapacitated individual is a person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions. When will the Court Appoint a Guardian? If clear and convincing evidence is presented at a hearing showing that: Your loved one is an “incapacitated individual” (see above) AND That appointing a Guardian is necessary to provide continuing care and supervision. When is a Guardian Not Needed? When another person has legal authority to make decisions for them, such as a Patient Advocate or an Agent under a Durable Power of Attorney. If self-care is not the issue but financial matters are a problem, a Conservatorship may be necessary but a Guardianship is not. Alternatives to Guardianship MUST be Considered Before a Petition is filed, you must consider alternatives to Guardianship. Some of the alternatives are: Limited guardianship Conservatorship Patient advocate designation Do-not-resuscitate declaration Durable power of attorney. The Elder Law and Advocacy Section of the State Bar of Michigan wrote a pamphlet that considers all the alternatives to Guardianship. It is very helpful and can be found at: http://courts.co.calhoun.mi.us/book041.htm Steps Necessary to Become a Guardian Consider alternatives to Guardianship, if no alternative provides better care, proceed to: File a Petition in Probate Court asking to be appointed as Guardian Serve the Petition and Notice of Hearing on your loved one and all other interested persons (examples: Spouse, children, heirs, and beneficiaries). Attend the Hearing Testify at the Hearing or provide other witnesses that will give the Court clear and convincing evidence that a Guardian is necessary to make decisions for her care. Any interested persons may also attend the hearing and object to your Petition and present testimony. Oftentimes, the Guardian ad Litem will inform the Court that a Guardian is needed and that you are the best person for the job. That makes the whole process much simpler. After hearing all testimony and reviewing any evidence, the Court will determine whether a Guardian is needed, if it should be a full or limited Guardianship and if you will be the Guardian. If you are appointed Guardian: You will receive Letters of Guardianship that give you the authority to act on behalf of your loved one. You must learn your duties as Guardian You must file an Annual Report with the Court regarding the care and condition of your loved one. To learn more about acting for disabled adults, download a pamphlet (in .pdf format) by clicking here.

Probate • Estate Planning • Guardianships • Conservatorships

▲ TOP

The information presented on this website is not, and is not intended to be, specific legal advice. Consult a competent attorney regarding your specific situation before making any decisions on the matters discussed on this website. Read my full disclaimer.