![]() ![]() ![]() Broadly speaking, the court will attempt to only grant a guardian those powers and only for that period of time as is necessary to provide for the demonstrated need of the incapacitated individual. The court may also dismiss the proceeding, or enter another appropriate order. In order for a guardianship to be granted, the court must find “by clear and convincing evidence” that the individual lacks the understanding or capacity to make or communicate informed decisions, and that the appointment of a guardian will be necessary to provide for the individual’s care and supervision. If the individual or another interested party objects to the petition for guardianship, the matter is said to be contested. The court will also order examinations from doctors or mental health professionals in order to learn more about the individual’s condition the incapacitated individual or their counsel may also request their own examinations from professionals of their choosing. Copies of the petition must also be given to interested persons, including the spouse and children of the incapacitated individual, or any person named as the individual’s agent through a durable power of attorney.Īt this point, the court will generally appoint a guardian ad litem to represent the incapacitated individual, unless the individual has an attorney of their own. After the petitioner files, the probate court will schedule a time for a judge to consider the petition. This petition must contain specific facts about the individual’s condition, such as recent examples of conduct that demonstrate the need for a guardian.Ī guardianship petition must be filed in the probate court for the county in which the individual lives. Let’s explore the role of the guardian, in a bit more depth: When and How Is a Guardian Appointed?īroadly speaking, any person interested in another individual’s welfare, or the individual acting on his or her own behalf, can petition the court for a finding of incapacity and the appointment of a guardian. ![]() As you look deeper into guardianships, it may prove important to consult with an experienced probate and guardianship attorney, who can fight for your rights and the well-being of others.Ĭurious about what it truly means to serve as a guardian to an incapacitated individual in Michigan? Interested in learning more about the powers, duties, and responsibilities of a guardian, or the rights of a ward? Even under the best of circumstances, these cases are often highly emotional, and the rules surrounding the appointment, removal, and duties of a guardian can be confusing. ![]() Whether you are seeking to establish a guardianship for an incapacitated person or contesting a pending guardianship decision, there are a variety of reasons one may come to the probate court on a guardianship matter. There are many different situations when guardianship may be necessary and this legal arrangement can come in several different forms, including limited guardianships and full guardianships. This may include providing appropriate food, clothing, and shelter protecting the individual’s property and making medical decisions on their behalf, when necessary. Ī guardian acts as a substitute decision-maker for an incapacitated individual, and is generally charged with ensuring that all of their essential needs are met. An individual for whom a guardian is appointed is known as a ward. Generally speaking, an adult guardian’s responsibility is to look out for the overall well-being and care of an incapacitated individual - that is, someone who cannot communicate or make informed general care and control decisions for themselves. In Michigan, guardianship grants the legal authority to care for another person, often along with their personal property and assets. ![]()
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