When you file a petition to become a person’s guardian, you may encounter guardianship issues with other family members, roadblocks in guardianship proceedings in probate courts, or allegations against your petition. You may also wish to file objections against someone filing a petition for guardianship of a loved one.
Guardianship issues sometimes result in contested guardianship disputes between family members. At Bassett Murray Law Group, PLLC., we have over 25 years of experience representing guardians and guardian petitioners in Ann Arbor, MI, and the surrounding areas.
What Does a Guardian in Michigan Do?
A guardian makes decisions for a minor child, developmentally disabled adult or incapacitated person who is unable to make life decisions for themselves. A guardian for a minor child may make the same decisions as a parent would, including decisions regarding healthcare, education, religion, where the child will live, and after-school activities.
For an a developmentally disabled adult or incapacitated person, a guardian makes decisions about quality of life arrangements, including living arrangements, healthcare, enrichment activities, and other issues that affect the person’s health and well-being.
What Is the Difference Between a Guardian and a Conservator?
While a guardian makes life decisions for the person in their care, a conservator makes strictly financial decisions, using the individual’s assets to pay for healthcare, living accommodations, and other estate costs, or is in charge of safeguarding the money until a future date.
While a person’s guardian and conservator may be the same person, the court may also appoint two separate people to act separately and make decisions for the minor child or incapacitated person.
Contested Guardianship and Probate Courts
If the incapacitated person had previously named a durable power of attorney or patient advocate as part of their estate plan, their POA and patient advocate would take over making their decisions in the event of incapacity.
However, if an incapacitated person or minor child had no documentation for legal decision-making after an accident or illness, or the death or incapacity of a parent, a qualified individual could petition the probate courts to become a legal guardian for that person.
Guardianship issues among family members can sometimes lead to contested guardianship proceedings in court. Sometimes guardianship proceedings involve:
- Abuse or fraud allegations against a current guardian
- Guardianship disputes over which person would provide the best care for a ward
- Disputing incapacity and the need for guardianship
- Duration of the guardianship
While this list is not comprehensive, it demonstrates some of the most common guardianship issues that families face when determining the best course of care for their loved ones.
Speak With an Attorney from Bassett Murray Law Group, PLLC, in Ann Arbor, MI
If you or a loved one is facing a contested guardianship or conservatorship, turn to the knowledgeable guardianship attorneys at Bassett Murray Law Group, PLLC. We have years of experience in guardianship proceedings helping people file guardianship petitions and defend their claims as a current guardian of a minor child or incapacitated person.