As a parent, or family member, it’s important to know that your child/loved one will be cared for in the event of your death. Individual(s) selected as guardian have a major responsibility. Unfortunately, guardianship is not always cut and dry. For example, guardianship may be granted on the basis of lack of mental/physical capacity. Also, guardianship over minors or individuals with special needs involving government benefits have specific legal requirements. Overall, Guardianship in Michigan is complicated, and should never be taken lightly; it’s vital to have an experienced Michigan Guardianship Attorney help you through these proceedings.
Guardianship hearings are done through probate court. Our law firm is highly experienced in probate cases that involve guardianship proceedings. If you, or a loved one need help with guardianship in Michigan, call our offices today.
Reasons To Seek Guardianship
There are many reasons why an individual may seek guardianship. These reasons include, but are not limited to:
Guardianship disputes – Disputes can occur throughout the process of appointing legal guardianship. These disputes can occur during the legal process, before the process, or afterwards. Guardianship disputes commonly arise due to an individual with assets becoming incapacitated.
Elderly individuals – Obtaining guardianship over an elderly person that can no longer care for themselves or make decisions is a common reason for this proceeding.
When a child loses their parents – When a minor (under the age of 18) loses their parents or caregivers, someone, usually a family member, will need to provide care for them.
Adult guardianship – When an adult becomes incapacitated they will need someone to care for individual needs. The State of Michigan defines “incapacitated” as an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause. (Michigan Legislature, Section 700.1105, 1998)
Total incapacity – When an incapacitated person cannot care for themselves, a judge will appoint a willing guardian over the person.
Partial incapacity – If someone is incapacitated but can still perform certain necessary tasks, a judge may appoint somebody as a “limited guardian” in order to assist them.
Children with special needs – Guardianship is an important issue, particularly, for children that have special healthcare/financial needs due to disability. In some cases, the caregiver may need to obtain guardianship.
Guardian Ad Litem – A guardian ad litem visits an incapacitated individual to explain their legal rights and obtain information as to the individual’s wishes.
Sudden physical or mental disability – According to The State Bar of Michigan section on Probate Guardianship Information:
“guardianship for a formerly competent adult who loses the ability to take care of him or her self properly. A person who loses this ability is called “incapacitated.” When an incapacitated person lacks the understanding or ability to make or communicate informed decisions, the individual may need the help of a guardian…” (The State Bar of Michigan, Acting for Adults Who Become Disabled, 2017).
How Our Lawyers Can Help
Sean J Nichols, PLLC helps with many aspects of guardianship. Several of these aspects include:
- Helping individuals/families with appointing a guardian
- Setting up special needs trusts
- Determining incapacity in court
- Representing clients in guardianship disputes
- Transferring guardianship assets
Talk To a Michigan Guardianship Attorney
Our Law Firm is experienced in the process of appointing guardianship within the State. Furthermore, we’re experienced in dispute/litigation cases involving probate court. If you or a loved one need help with issues pertaining to guardianship in Michigan, talk to an experienced Michigan guardianship attorney today.