Michigan Guardianship and Conservatorship Lawyers
At Eklund-Easley & Associates, in Southfield, we have extensive experience helping vulnerable people and their families find workable solutions in guardianship and conservatorship cases.
Michigan currently recognizes two groups of people in need of a guardian or conservator: 1) legally incapacitated individuals and 2) developmentally disabled individuals. Guardianships or conservatorships can also be appropriate for children under the age of 18.
According to Michigan law, an "incapacitated individual" is a person who is impaired... to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions.
What is the Difference between a Guardianship and a Conservatorship?
Guardianship
According to Michigan law, the court may appoint a guardian if it finds that the individual is "incapacitated" and that the appointment is necessary as a means of providing continuing care and supervision of the individual.
Thus, a guardianship is necessary when a person cannot make wise decisions regarding their health care, daily activities, and general well-being. By creating a durable power of attorney, or other estate planning instrument you can appoint a guardian to care for your loved ones in the event of your death.
Conservatorship
A conservator is necessary if a person cannot manage their own finances or medical bills. Michigan law allows the court to appoint a conservator if it determines both of the following:
1. The individual is unable to manage property and business affairs effectively, and
2. The individual has property that will be wasted unless proper management is provided...and that protection is necessary to obtain or provide money.
If You are Appointed as a Guardian or Conservator...
If you are appointed as a conservator, guardian, or guardian ad litem, you have a serious responsibility. In fact, you have a fiduciary duty to account for all funds used, report annually to the court, and make decisions in the incapacitated individual's best interests, not your own.
Contact our Southfield Probate Lawyers
At Eklund-Easley & Associates, we offer free, confidential phone consultations. For assistance with closing your loved one's estate or probate mediation, contact the attorneys at Eklund-Easley & Associates. We can be reached by phone at (248) 213-3909, via e-mail, or through the intake form on our Contact Us page.
Conveniently located between Evergreen and Southfield Road
Eklund-Easley & Associates
19111 W. 10 Mile Rd.
Suite 106
Southfield, MI 48075
Phone: (248) 213-3909
Fax: (248) 213-3911
● We accept credit cards ●
