Can I change guardianship to me if I visit a ward at the hospital every day? When a court selects a guardian, it considers all the ward’s needs. A visit to the ward is appreciated. A family needs it.
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The guardian’s responsibility is to handle more important matters. It oversees tasks including choosing the best facility. Ensuring that bills are paid. The guardian makes sure that the appropriate prescriptions are given. The social component of guardianship is not given much consideration by the court. An agency may occasionally be appointed by the court. These agencies often are not even acquainted with the ward. A guardian who can ensure that the ward’s needs are addressed is more likely to be chosen by the court.
There are occasions when a person needs help from a third party. They are unable to take care of themselves or their affairs. When this kind of help is needed, a guardian or conservator is chosen to manage the person’s affairs. This is done in Michigan through the probate court system.
The probate court system closely monitors the guardianship and conservatorship process. The courts make sure a person’s best interests are served. The Michigan probate courts take guardianships and conservatorships seriously. Guardianship and conservatorship effectively revoke a person’s rights and liberties. Probate courts protect the ward’s interest. They demand an annual review of guardians and conservators.
The people who need guardianship or conservatorship are the elderly and minors. Those with mental disorders or illnesses. and those who have become incapacitated. Conservatorships and guardianships are similar to one another. There are also some significant variations between guardianship and conservatorship. Guardianship and conservatorship may both be granted to the same person.
What is guardianship?
A person’s legal decision-making authority can be delegated to a third party. This is done when they are unable to make those decisions for themselves. When the probate court does this, that third party has been designated as their guardian. A probate court can issue guardianships. Guardians are reviewed every year by a probate court. The probate court ensures guardians are acting in the best interests of the person they have guardianship status over.
Guardianships are frequently established for elderly people and young people. These are people who have lost their parents or previous guardians. It is also helpful for people who are mentally challenged. Those that have a mental disease that limits their ability to make their own decisions. People who are unable of making decisions on their own frequently need guardianships. Guardianship can give guardians complete control over decision-making. It gives them some control in the case of restricted guardianship. In Michigan, a person under guardianship is considered a legally incapacitated person.
Talking about guardianship often brings you to the subject of conservatorship. In Michigan, a conservatorship is substantially similar to a guardianship. Conservatorship deals with a person’s assets and money. Conservatorship is appropriate for the elderly or disabled people. People who are unable to properly manage their financial affairs.
The same person can oversee both guardianship and conservatorship. There are instances where a person possesses a sizable estate and/or a significant sum of money. In such cases, it is typical for an attorney to be granted the duty of conservatorship. A “legally protected individual” is a term used to describe a subject of a conservatorship in Michigan.
The guardian and conservator roles can be shared by two individuals. It can be assumed by one person. A guardianship may be necessary for some circumstances but a conservatorship may not, and vice versa.
A guardian can be someone who is capable. The applicant must be over 18, qualified, and ready to serve. According to the law, the following people are given priority for appointment as guardians: the guardian appointed in another state for this person, a person nominated by that person, a person named in that person’s durable power of attorney, and a person named in that person’s Designation of Patient Advocate. If the judge determines that the proposed guardian is unfit, the guardian nomination may be rejected. Only if no one from the aforementioned list of people is suitable is a professional guardian appointed by the court.
The guardian can receive payment for their services from the incapacitated person’s assets. The amount of payment depends on the time commitment and the services provided. It also depends on the amount of money on hand and the requirements of the person being cared for. The court can only allow for appropriate and reasonable compensation.
Can I transfer the guardianship of someone to me?
Guardianship is not as simple as doing regular visits. It is not as simple as being present with the person you are taking care of. It is more than just being there to care for, feed, or entertain the person. Most of the time adults under guardianship need specialized medical care. It needs specialized knowledge in finance and management to sustain the care. The court does not grant guardianship just to anyone. You can transfer guardianship. You have to go through the same process of the probate court as everyone else.
Filing the petition for guardianship.
To make a request to the court, a petition must be submitted as a legal document. The petition must be filed with the probate court in the county where the person lives or is located. The petition may be filed by the incapacitated individual subject to guardianship. It can be filed by a third party who is worried about an incapacitated person’s welfare. The petition explains in detail why a guardian is necessary. The probate court assigns a guardian following a hearing. The hearing is set to review the petition at the request of a concerned party called a petitioner.
Setting the hearing date.
A hearing date is set by the probate court clerk so the judge can examine the petition. The petitioner gives copies of the petition to certain people before the hearing. This must be done according to Michigan Court Guidelines.
The court appoints a guardian ad litem. The guardian ad litem defends the incapacitated person unless the person has their own attorney. The court orders a medical or mental health expert to evaluate the incapacitated person. Evaluation is completed before the hearing date. A report about their condition is submitted to the court.
Sending notifications to interested parties.
The petitioner ensures the incapacitated person receives a copy of the petition and notification of the hearing. It must be done in person. A few people will also receive copies of the petition and notice. They will be given copies of the hearing through the mail from the petitioner. These people are called “interested persons”.
These interested people are:
[ 1 ] The person’s spouse;
[ 2 ] The person designated as the person’s agent in a durable power of attorney;
[ 3 ] The person’s children (or, in the absence of children, the person’s parents); and
[ 4 ] If there is a guardian or conservator appointed by a court in another state, the person’s guardian or conservator.
A guardian can be appointed. The incapacitated person and the interested people can oppose the appointment.
Verifying facts in the petition.
The court appoints someone to look into the petition’s facts before the hearing date. The guardian ad litem, a medical or mental health practitioner, or both, may serve in this capacity. This person will provide the court with a thorough report that includes recommendations for the subject.
Deciding guardianship.
The judge will decide if guardianship is required at the petition hearing. The court appoints a guardian to ensure the person’s ongoing care and supervision. The judge must determine by clear and compelling evidence two things:
[ 1 ] the person lacks the knowledge or competence to make or communicate informed decisions; and
[ 2 ] the appointment of a guardian is required.
If a guardian is required for the incapacitated person, the judge will choose (appoint) a qualified guardian. The guardian can take on the responsibility.
A limited guardian may be appointed by the judge. This guardian handles only those responsibilities that the person who needs a guardian cannot handle alone. This is if the incapacitated person has some capacity to do so.
The incapacitated person can refuse to accept guardianship. The court can appoint a lawyer to act as a representative, and a contested hearing is scheduled. If the person cannot afford an attorney, the court must pay for the lawyer.
The guardian signs a document called an “Acceptance of Appointment.” The acceptance and signing start the effectivity of the duties or power of the guardian.
What are alternatives to guardianship?
The majority of disabled people are capable of managing their lives without a guardian. The court grants a guardian authority. It also deprives the individual of those same rights. The use of guardianship should only be made when absolutely necessary. It is a strong tool that severely restricts the person’s rights. It’s important to think about your options besides guardianship.
Ask family and friends.
Most people consult their friends or family before making significant decisions. Disability does not make a difference to people. A person can get direction and help from family and friends without the need for a guardian.
Ask for volunteers or advocates.
Advocacy groups are crucial in helping people with impairments manage their affairs. Volunteers or professionals who are matched with people with impairments are called advocates. Advocates may be available through organizations like your neighborhood ARC. There is also your local Community Mental Health (CMH). They can assist you with duties like paying bills and making purchases. They can help select service providers. Many individuals might be able to escape guardianship with the right support.
Appoint a patient advocate.
There’s a unique kind of power of attorney that gives another person the authority to make medical decisions. It designates a patient advocate. It is a legal device used in the event that a person is unable to make decisions for themselves. A patient advocate designation contains instructions on medical care. You can change or revoke the designation at any moment. Only those who are aware of what they are signing can sign a designation as a patient advocate.
Use a durable power of attorney.
A power of attorney is a legal document. It grants another person (the agent) the authority to make decisions on behalf of the incapacitated person (principal). In contrast to guardianship, no court is involved. It is only possible to use a power of attorney if the principal is aware of what they are signing. A power of attorney can be used to formally let another person act in place of the disabled person. A power of attorney can be revoked by the principal (incapacitated person) at any time.
Create a trust.
A trust is a legal device that gives control of someone else’s money to a person or a business (like a bank). A trust can be an excellent substitute for guardianship. This is important if finances are the primary motivator. A trust allows parents or other people a place to store assets. Assets can be managed for the benefit of the incapacitated individual. The trust often has no impact on eligibility for governmental benefits like SSI. The person does not own the assets or money contained within the trust. Trusts are intricate legal instruments. It should be created by an expert lawyer on an individual basis.
Appoint a representative payee.
A representative payee could be a useful substitute for guardianship. It is useful if SSI, social security, or another federal supplement is the incapacitated person’s only source of income. A representative payee is given permission to collect and administer federal payments. This is done on behalf of a person who is unable to do it themselves. Apply for this option through the Social Security Administration. For disabled veterans go to the U.S. Department of Veterans Affairs.
Use supported decision-making or SDM.
SDM is a method or strategy for assisting a person with a disability. It helps them in making and carrying out their own decisions. It is made possible with the help of family, friends, and specialists. These people who help are chosen by the incapacitated person. This strategy may be formal or informal, and it may or may not be documented in writing. Each person’s definition of or inclusion in SDM varies. It should be shaped and guided by their desires and aspirations.
Open a limited bank account.
Banks can assist in keeping a person’s money secure. Two types of accounts are listed below, while individual banks may use other names:
[1] Cosigners: Some banks will set up accounts requiring the signatures of two people or more. They require this before a withdrawal can be made. No one is allowed to withdraw money without the consent of the other party.
[2] Limited Accounts: Money is available at a time in a limited account. Withdrawal is made without the need for a second signature. The bank restricts the person’s ability to access the money.
It could be necessary to shop around because not all banks are willing to create these unique accounts. If these accounts don’t meet your needs, your bank and you might be able to come up with a plan that does.
A guardian is required to speak with the incapacitated person. More so if that person is capable of communicating their wishes. You need to talk to the incapacitated person before making any significant decisions. A guardian embodies a fiduciary. An entity that manages assets on behalf of another person or group of people. The responsibilities of good faith and trust are essential. They are what a fiduciary owes to the other party (incapacitated person).
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