Establishing guardianship and conservatorship is often necessary due to incapacity, paying for nursing home care and protection of assets after admission to a nursing home.
At Legacy Estate Planning & Elder Law, we help our clients secure the necessary authority to act on behalf of the adult in need of protection through guardianship and conservatorship proceedings.
When a person becomes unable to handle his or her personal affairs due to advanced age or disability, or when a developmentally disabled child becomes an adult who still needs care and guidance, establishing guardianship and conservatorship is crucial.
Guardianship vs. Conservatorship
A legal guardian is a court-appointed advocate who has the right to make care, custody and medical treatment decisions for the person for whom they have been appointed guardian. A guardianship is required when a person is legally incapacitated and there is no one with legal authority to oversee the physical care of that person. A designation of a Patient Advocate before incapacity often eliminates the need for a court-appointed guardian.
While a guardian focuses more on the care of the individual, a conservator is appointed by the probate court to assist a legally incapacitated person with their financial affairs. Again, if no one has been given the proper legal authority in advance, the probate court will formally appoint the individual who it finds is most appropriate to manage the financial affairs of an incapacitated individual.
Minors
When a child’s parents are not available to care and make decisions for the child, a guardianship can give that authority to another party. This individual will be responsible for decisions, including school enrollment, medical treatment, securing health insurance and other tasks the parent would do, if able. If the child has significant assets or financial resources, a conservator may be needed as well.
Developmentally Disabled Adults
Guardianship proceedings for adults with a developmental disability that manifested before the age of 22 are handled under the Michigan Mental Health Code, rather than the Estates and Protected Individuals Code. There are similarities in the process and terminology, but there are important differences, as well. For instance, a guardian of the person makes decisions affecting the well-being of the individual, whereas a guardian of the estate manages the individual’s finances and assets.
Whether you have a minor in need of guardianship or a developmentally disabled adult who requires both forms of protection, our attorneys are experienced in these proceedings and can help guide you through the process.
For more information about guardianship and conservatorship from the attorneys at Legacy Estate Planning & Elder Law, please contact us here or call us directly at 616.560.3843.
