Oakland County Guardianship Attorney

Oakland County, Michigan Guardianship: Legal Advocacy

Compassionate Support for Families Caring for Loved Ones

The decision to seek guardianship for an elderly loved one or a child with special needs can be difficult. It is a serious responsibility that can have a profound impact on the person for whom guardianship is sought, as well as the family members who are asked to assume that responsibility.

Our attorneys at Mannor Law Group, PLLC, have the experience necessary to help families navigate the legal process with clarity while providing compassionate and supportive guidance. We have local experience with the Oakland County Probate Court, including local judges, filings, and hearings, and we serve families in Farmington Hills and throughout the area. Because these matters are governed by Michigan law, families can expect specialized legal help tailored to their situation as we work to create a customized plan for care that is in the best interests of the loved one in need of guardianship while also preserving their rights and freedoms as an individual.

We provide compassionate guidance through this difficult process, and families should confirm they are working with attorneys in good standing with the Michigan Bar Association.

Schedule a free consultation with one of our Oakland County guardianship attorneys by calling 810-529-1987 or contacting us online.

What Is Guardianship?

Guardianship is a legal relationship that allows one person to make decisions for another person, called a minor or a protected individual. A guardian is generally responsible for personal care, medical decisions, and overall safety, while financial matters may instead be handled through conservatorship, depending on the circumstances.

Guardianship can be an important option for a person with a disability or a serious illness that prevents them from being able to care for themselves and make important decisions. It can also be a valuable tool for a family that cares for an elderly loved one with dementia or other cognitive impairments that make it difficult to make independent decisions. A guardianship attorney helps establish this legal relationship for decision-making and can explain the different aspects of the process.

Guardianship is a serious commitment that should not be entered into lightly. It can be a burden upon the protected person as well as the family members who are asked to assume that responsibility. In Michigan, the scope of guardianship should be tailored to the individual’s needs and preserve as much autonomy as possible. Before going to court, alternatives to guardianship may be considered, and Michigan courts require clear evidence when incapacity is alleged. If you have any questions about this issue, keep in mind that court staff cannot provide legal advice, which is why families often need specialized legal guidance from our experienced guardianship lawyers in Oakland County for help.

What Are the Types of Guardianships?

There’s no single way to establish guardianship. In fact, Michigan guardianship includes several forms depending on the person’s needs and the legal responsibilities involved.

A few types of guardianships include the following. These may involve limited and plenary guardianship, with limited guardianship restricting authority to specific decisions:

• Conservatorship — A conservator is appointed to manage the financial affairs of the person for whom conservatorship is sought, and is subject to court oversight and reporting duties.
• Guardianship of the person — A guardian is appointed to make decisions for the person for whom guardianship is sought regarding health care, education, and other important life decisions, along with other legal duties.
• Guardianship of the estate — A guardian is appointed to manage the financial affairs and property of the person for whom guardianship is sought, with clear responsibilities under the law.

Temporary or emergency, standby, and successor guardians may also be appointed in some cases, and Michigan courts may appoint emergency guardians when necessary.

There are also two types of guardianships that are available for minors, and guardianship for minors differs significantly from adult guardianship in both purpose and court analysis. A minor is a person who is under the age of 18.

Minors can be appointed the following types of guardians:

• Personal guardian — A personal guardian is appointed to make decisions for the minor regarding health care, education, and other important life decisions.
• Property guardian — A property guardian is appointed to manage the financial affairs and property of the minor.

How Does a Court Determine Which Type of Guardianship Is Best for the Well-Being of a Child or Elderly Loved One?

When a person is seeking guardianship for a minor or a person with special needs, it can be difficult to determine which type of guardianship is best for that individual, especially when family members are involved in disagreements over who should serve or where the person should live. In many cases, the court will appoint more than one type of guardianship for the minor or protected person.

Mediation can sometimes help resolve disputes among adult children and other family members.

For example, a minor might be appointed a personal guardian to make decisions regarding their health care and education, as well as a property guardian to manage the financial affairs and property of the minor. The court will make this decision based on the best interests of the minor or person for whom guardianship is sought, and to protect their well-being and assets. Guardianship attorneys provide legal advocacy in complex family situations. Allegations of abuse or neglect may require prompt legal intervention.

Contact Our Oakland County Guardianship Lawyers for Assistance

Our attorneys at Mannor Law Group, PLLC, have the experience and knowledge necessary to help families navigate the guardianship process and ongoing Probate Court matters, including complex filings and hearings after appointment, while providing compassionate and supportive guidance. Our conservatorship attorneys and conservatorship lawyers also assist families in preparing for continuing duties and serving in these roles with confidence.

We can work with you to create a customized plan for care that is in the best interests of the minor or protected person, helping you ensure their needs are met and support their well-being. A guardian may interact regularly with the protected person and may provide informed consent for medical treatment and personal care decisions. In Michigan, guardians must file annual reports with the court on the person’s condition. In conservatorship matters, the conservator may interact less frequently but must maintain records and may need to prepare detailed annual accountings of income, expenses, and assets, as well as coordinate to protect eligibility for any government benefit.

Call 810-529-1987 today to speak with one of our Oakland County guardianship attorneys for legal help in Oakland County and nearby communities such as Farmington Hills.

Commonly Asked Questions