Thousands of Guardianship and Conservatorship cases are filed every year in The State of Michigan. If you or someone close to you needs information about guardianship this is the blog to read. No matter what position you are in, if you believe you have the need to have guardianship over someone else then it can be done with the right attorney. With good communication and a solid case, your desired outcome is achievable. Here is everything that you need to know about guardianship in Michigan.
What is Guardianship?
Guardianship comes about when an individual needs to take care of another individual. There is a huge difference between power of attorney and guardianship. Guardianship is a probate proceeding, and it’s more expensive because it is a much more involved matter. The court will do a few things to determine guardianship; The court will set up a hearing to determine whether or not that person needs a guardian and they will need to determine if you, as the petitioner, are a suitable guardian. If there are multiple family members that are eligible to be the guardian, the court can deny all guardianship if they think unfit and assign its own guardian that the court believes is trustworthy.
Emergency petitions can be filed for the court to issue temporary orders of guardianship in Michigan. For example, there may be an individual with an outstanding medical need that needs to be addressed and the hospital requires someone with authority to approve an order of surgery. The court can act swiftly on an emergency basis to appoint a guardian. People sometimes confuse guardianship with child custody, you may think there isn’t much of a difference between the two but there is.
Child Custody
With custody one or both parents are in the picture if a child is involved. Custody is when a parent has the right to raise the child and make decisions for them. Custody can be given to either parent if they are fit and the court sees that they are an appropriate choice to raise the child. Guardianship is when anyone close to the family or child wants to take the said child and care for them and raise them. This could be a family member or a friend, this does not involve either of the parents. Typical issues that need guardians appointed are:
- Elderly persons with medical issues
- Accident victims
- Children without parents
- Mentally unstable adults
The court will do a few things to determine guardianship; The court will set up a hearing to determine whether or not that person needs a guardian and they will need to determine if you, as the petitioner, are a suitable guardian. If there are multiple family members that are eligible to be the guardian, the court can deny all guardianship if they think unfit and assign its own guardian that the court believes is trustworthy.
Can I Get Guardianship Over My Own Parents In Michigan?
Yes, you can most definitely get guardianship over your parents. An adult can seek guardianship over their own parents in Michigan. The parent that needs guardianship may suffer from a disease, onset dementia, needs assistance managing affairs or even needs assistance with medical issues. A petition can be filed for an individual to be the guardian of their own mother or father. In this situation the court will dispatch a court function called a guardian ad litem. The guardian ad litem would make a report to see if the person needs a guardian and investigate how they live and if they really do need a caretaker. Then the report would go before the court and the court would then examine the report.
Conservatorship
When you talk about guardianship the word conservatorship may be thrown around here or there. A conservator is a person who takes legal authority and responsibility for a person’s property or assets. For example, the conservator will make decisions over a person’s home or finances. A guardian is a person who has the responsibility to execute decisions about a person’s daily living situation. For example, a guardian would make decisions about a person’s medical care and housing. A guardian or conservator can either be a person or an institution, such as a bank or company. A petitioner would file a guardianship where the person resides. For a conservatorship, a petitioner would file where the person resides or where the property and assets are located.
Probate Court
A guardian is appointed by a probate court. The probate court was established in order to assist individuals in guardianships, conservatorships, and in a lot of cases the probate court is used to establish and resolve estates. The process begins when you file to initiate the case, and then the court will appoint a personal representative. This representative will be the main contact that the court will use instead of dealing with multiple people. In some situations, a will can often name the personal representative.
Conclusion
Guardianship is very important to families and friends. Taking care of the people that we love is our number one priority and Goldman and Associates understands that. There are a number of ways that you can successfully get guardianship. Our attorneys will give you the outcome that you desire, we understand how important this kind of matter is to you. For more information on Guardianship in The State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about custody in Michigan.
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For more information visit: https://www.akivagoldman.com/michigan-legal-blog/michigan-child-custody-lawyer/
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