Guardian & Conservator Lawyer
Establishing a guardian or conservator relationship can be highly beneficial if you’re responsible for a person who cannot make their own decisions about medical care or financial affairs. These legal roles would enable you to make decisions on the other person’s behalf. However, navigating guardianship and conservatorship correctly is essential.
Contact our attorneys at Bassett Murray Law Group in Ann Arbor, MI, today at 734-930-9200 to learn more about guardians & conservators.
Guardians and Conservators in Michigan
A guardianship is a court-appointment that allows a person or organization to make an incapacitated individual’s care and custody decisions. A guardianship can be a full appointment if the incapacitated individual cannot make any of their own decisions about health care. A guardianship can also be limited to certain decisions that the individual can no longer make, such as a decision about where to live.
A conservatorship is also a court-appointment. The conservator manages the protected person’s finances and assets. The protected individual does not need to be found incapacitated and can even petition for a conservator for themselves. Often, an person may need both a guardian and a conservator.
Under Michigan law, guardianships and conservatorships must promote the protected person’s well-being and best interest.
How Do Guardianship and Conservatorship Work?
The court appoints a person or organization to be a protected person’s guardian or conservator. To be appointed, you must complete paperwork and bring it to the probate court in the county where the protected person lives.
The protected person may need to receive a medical evaluation supporting the necessity of a guardian or conservator. The court will review the documentation, hold a hearing, and take testimony. If it grants appointment, the guardian and conservator will be required to file annual paperwork keeping the court and the interested parties informed.
Your role as guardian or conservator will last until the court officially orders it to end. Common reasons to end a guardianship or conservatorship include:
- You are no longer able to perform the necessary roles
- The protected person passed away
- The protected person’s assets became depleted
- You decide to resign
If necessary, the court may appoint a new person to the role.
Differences Between Guardianship and Conservatorship
Guardian & conservator relationships are both legal relationships that protect a person who cannot manage their own interests. The primary distinction between these two relationships is the type of responsibilities within the relationship.
Conservatorships typically involve managing only the protected person’s financial affairs. These can include:
- Bank accounts
Meanwhile, guardianships involve managing an individual’s personal affairs, such as:
- Medical care
How Elder Law Attorneys Can Help
Navigating guardianship and conservatorship can be stressful and overwhelming for those without legal experience. If you’re interested in beginning this process, having an attorney guide you is highly beneficial.
Your elder law attorney can guide you through the legal process and provide qualified advice and guidance throughout. They can help you fill out the correct forms and navigate the court system while keeping your protected person’s best interests in mind.
Contact Our Ann Arbor Elder Law Attorneys Today
Our guardian & conservator attorneys are here to help you through this process. Contact our team at Bassett Murray Law Group today at 734-930-9200 to schedule a consultation in Ann Arbor, MI.
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