How Can I Get Guardianship of Someone? – ChooseGoldman.com

What is Guardianship? Getting guardianship means you can make choices for another person. This is often needed when someone cannot take care of themselves. It is a big step to help someone you care about.

What is Guardianship and Why is it Needed?

What Guardianship Means: Guardianship lets one person act for another. This can be about their daily life, like where they live or their doctors. It helps people who cannot make these choices for themselves.

Why Someone Needs a Guardian: People may need a guardian for many reasons. They might be too young, very sick, or cannot think clearly. These are all good reasons to ask a judge for guardianship.

• Person is too young.
• Person is very sick.
• Person cannot think clearly.

• Needs help with daily tasks.
• Needs help with health choices.
• Needs someone to look after them.

Example: Sarah’s grandfather is very old and forgets things easily. He cannot pay his bills or go to the doctor alone. Sarah wants to be his guardian so she can help him with these important things and keep him safe.

How Does the Court Pick a Guardian?

Judge’s Decision: A judge will hold a meeting to decide if someone needs a guardian. The judge will also decide if the person asking to be guardian is the right one. This makes sure the person gets good help.

Family Fights: Sometimes, everyone agrees that a person needs a guardian. But family members might fight about who should be the guardian. The judge will listen to all sides to pick the best person.

• Judge checks if a guardian is truly needed.
• Judge checks if you are the right person.
• Judge holds a meeting to hear from everyone.

• Family members might not agree.
• Some people might not be good choices.
• The judge will pick the best guardian for the person.

Example: The neighbors saw that their elderly friend needed help. Two of her children wanted to be her guardian, but they argued a lot. The judge had to listen to both children and decide who could best help their mother without fighting.

Can a Guardianship Service Be Chosen?

A Neutral Choice: Yes, the judge can choose a special service to be the guardian. These services offer a guardian who is not part of the family. They check on the person and make choices for them.

Good for Disagreements: Using a service is often best when families are fighting. A neutral person can make fair choices. This helps keep peace and makes sure the person gets good care. Learn more about how courts decide on guardianship at How Do Courts Decide on Guardianship or Temporary Guardianship – ChooseGoldman.com.

• Guardianship services provide guardians.
• They check on the person often.
• They make choices for the person.

• Good when families fight.
• Offers a fair and neutral choice.
• Helps make sure good care is given.

Example: After the Smith family kept fighting over who should care for their sick uncle, the judge chose a guardianship service. This stopped the arguments and helped their uncle get the care he needed right away.

Where Are Guardianship Cases Handled?

Probate Court: Guardianship cases are handled in a special court called the probate court. This court also deals with things like wills and trusts. It is the right place to go when you need a guardian.

Starting the Process: To start, you must file a special paper. This paper asks the court to name a guardian. You might also ask for a conservator at the same time.

• Guardianship cases are in probate court.
• This court handles wills.
• It helps people who need care.

• You must file a paper.
• The paper asks for a guardian.
• Sometimes it asks for a conservator too.

Example: Mark needed to get guardianship for his younger sister. He went to the probate court in his town. He filled out the forms there to start the process and ask the judge for help.

What is the Difference Between Guardianship and Conservatorship?

Guardianship: Guardianship is about caring for a person’s daily life. This includes where they live, their doctors, and their everyday needs. It focuses on the person themselves.

Conservatorship: Conservatorship is about caring for a person’s money. This includes paying bills, handling bank accounts, and making money choices. Sometimes, a person needs both types of help.

• Guardianship helps with personal needs.
• Conservatorship helps with money.
• They are related but different.

• Guardianship is about daily life.
• Conservatorship is about money matters.
• Some people need only one type of help.

Example: A woman could no longer handle her own money but was still able to make choices about her health. Her son asked for conservatorship to manage her money. If she also needed help with her health, he would ask for guardianship too.

When is Guardianship Truly Needed?

Is it Necessary? Not everyone needs a guardian. Guardianship is for when a person truly cannot make choices for themselves. The judge will look at the person’s actions to see if they really need help.

Signs of Need: Sometimes, people buy many things or keep a lot of stuff. The judge will decide if this is just a hobby or if it means they need a guardian. This choice needs careful thought and proof.

• Guardianship is not for everyone.
• It is only for real need.
• The judge checks their actions.

• Buying many things might be a hobby.
• It might mean help is needed.
• The judge looks at each case carefully.

Example: A man started buying many broken items and filling his house with them. His daughter wondered if he needed a guardian. The judge would need to look closely to see if his actions showed he could not care for himself safely.

Can I Get Guardianship Over My Own Parent?

Helping Your Parent: Yes, you can ask for guardianship over your own parent. This is often done when a parent becomes very sick or cannot care for themselves. The judge will check if this is the best choice.

The Court Steps: The steps are the same as for anyone else needing a guardian. You will file a paper in probate court. The judge will hold a meeting to decide what is best. You can learn more about this at Can I Get Guardianship Over My Own Parent – ChooseGoldman.com.

• You can ask for guardianship over a parent.
• This helps sick or unable parents.
• The judge checks if it is needed.

• You file a paper.
• The judge holds a meeting.
• They decide what is best for your parent.

Example: Maria’s mother had a stroke and could not speak or make choices. Maria knew her mother needed help with everything. Maria decided to start the guardianship process to make sure her mother was cared for.

Extra Insights

Getting Legal Help: Getting guardianship can be a bit tricky. It helps to have someone who knows the laws guide you. A lawyer can help you fill out the papers and speak for you in court.

Keeping Loved Ones Safe: The main goal of guardianship is to help and keep safe someone who needs it. This could be a child, an older parent, or a sick friend. The court wants to make sure they are looked after. Learn more about how we help with guardianship needs by visiting our Guardianship Attorneys in Michigan – ChooseGoldman page.

Frequently Asked Questions (FAQs)

Q1: What is the first step to get guardianship?

You must file a paper in probate court. This paper asks the court to name a guardian for someone.

Q2: How long does the guardianship process take?

The time it takes can change. It depends on how busy the court is and if people agree or disagree.

Q3: Do I need a lawyer for guardianship?

While not always needed, a lawyer can help you with the papers and court rules. They can make the process easier.

Q4: Can I be guardian for more than one person?

Yes, you can be guardian for more than one person. The court will decide if you can care for both well.

Q5: What if the person needing a guardian does not want one?

The court will listen to the person’s wishes. But if the court finds they cannot make safe choices, a guardian may still be named.

Q6: Can a guardian make medical choices?

Yes, a guardian can make medical choices for the person. This is part of caring for their personal needs.

Q7: What if I think a guardian is doing a bad job?

You can tell the court if you think a guardian is not doing well. The court will look into your worries.

Q8: Is guardianship forever?

Guardianship can be changed or stopped. This happens if the person gets better or if a new guardian is needed.

Q9: What happens if a guardian dies?

If a guardian dies, the court will need to name a new one. Another paper will be filed to find a new guardian.

Q10: Can a guardian get paid?

Sometimes, a guardian can get paid for their work. The court must say yes to any payments from the person’s money.

Q11: What if the person needing a guardian lives in another state?

Guardianship laws can be different in each state. It is best to talk to a lawyer in both states to learn the rules. You can explore Michigan family law further on our Michigan Divorce & Family Law Attorneys page.

Q12: Can a young child have a guardian?

Yes, children can have guardians if their parents cannot care for them. This makes sure the child is safe and has someone to make choices for them.

If you have questions about your loved one, reach out to us. We would be happy to help you. Visit ChooseGoldman.com today for more help, or call or text us at (248) 590-6600 to set up your free talk. We are here to guide you.

How Can I Get Guardianship of Someone?
Learn how to get guardianship over someone in Michigan, including the process, court decisions, and the difference between guardianship and conservatorship.
Guardianship, probate court, conservatorship, Michigan, family law