Guardianship & Conservatorship Attorneys in Kalamazoo

When someone is struggling with these conditions, they may be unable to take care of their financial affairs.

A guardianship is not the only way of making sure that a responsible party is taking care of someone's finances. A durable power of attorney, executed prior to the disability, can enable a person or a bank to serve as a financial fiduciary. It is also possible to create a revocable trust on behalf of someone who is struggling with a disabling condition.

Neither a durable power of attorney nor the creation of a trust requires court involvement to become effective. For example, an aging parent dealing with mild dementia who gives a financial power of attorney to a son or daughter does not need to get court approval to take that step.

But what happens when someone's disabling conditions become so severe that they are unable to manage their own care? In those cases, the probate court may need to determine whether a guardian should be appointed

How Is 'Disability' Defined?

When a disability becomes severe, the question may become whether limitations in someone's physical or mental condition require the courts to get involved by appointing a fiduciary.

Only when that question is resolved does the court consider the question of whom to appoint as fiduciary.

If the court does appoint a fiduciary, the court continues to play a supervisory role. The court does this by engaging in a periodic review of the disabled person's condition and the fiduciary's actions. The goal is to make sure that the best interests of the disabled person are being properly protected.

There is more than one type of fiduciary that courts can appoint. One is conservator. A guardian is another. These are not synonymous terms; it is possible for the same person to have both a guardian and a conservator.

A guardian acts for the disabled person to provide continuing care and supervision. This can include handling finances and managing property, if the appointment is under the Mental Health Code.

If the appointment is not under the Mental Health Code, the court could also appoint a conservator to perform financial management functions.

In Michigan, there are two basic categories for adults who are classified as disabled. One of these is developmentally disabled persons (DDP). This refers to those whose condition began before they turned 22 and is expected to have an indefinite duration. It is this group that requires a very particular procedure authorized by the Mental Health Code.

There is a different procedure required for people whose disabilities began after they became adults. There are two possible designations for these people:

• Legally incapacitated individual (LII)
• Protected individual (PI)

For a legally incapacitated individual, a court-appointed fiduciary is called a guardian. For a protected individual, the corresponding term is conservator.

Guardianship of Incapacitated Persons

According to Michigan law, an incapacitated person lacks sufficient understanding or capacity to make or communicate informed decisions.

The court may appoint a guardian if it finds that the individual is incapacitated and cannot make wise personal decisions regarding:

• Health care
• Daily activities
• General well-being

Our Kalamazoo guardianship attorneys can help you create a durable power of attorney for health care, which allows you to appoint an advocate of your own choosing. A guardian may also be designated to take care of your surviving dependents through a will or trust. If a guardian was not selected before an individual's death, we can work with his or her family to achieve an appropriate guardian appointment.

Conservatorship to Manage Finances

A conservator is necessary if a person cannot manage his or her own finances, including medical bills.

In Michigan, the court may appoint a conservator if it finds that the individual satisfies the following conditions:

• Cannot effectively manage property and business affairs
• Has property that will be wasted without proper management
• Requires assistance to successfully obtain money

As with a guardianship, you can direct the appointment of your conservator by appointing an agent. Our Kalamazoo conservatorship attorneys can help you create a general durable power of attorney, which allows you to establish the person you trust to handle your affairs on your behalf. If you have not made such a designation and a conservatorship becomes necessary, our lawyers can work with your family and the court to help guide the appointment of a sensible conservator.

Contested Guardianships & Conservatorships in Michigan

Decisions over guardians and conservators can often lead to disputes that divide family members, leaving them fighting over who should be appointed. Money and control are often at the heart of these disagreements.

At Willis Law, our conservatorship and guardianship lawyers in Kalamazoo have helped numerous families overcome disputes.

We can help you resolve issues regarding:

• Whether an individual is actually disabled and in need of a guardian or conservator
• Who should be appointed as a guardian or conservator
• Allegations of fraud or abuse within a guardianship or conservatorship

Our team strives to find a resolution that prioritizes the best interests of the disabled individual while restoring peace and harmony within the family as much as possible.

For a free consultation, please call our firm at (888) 461-7744 to speak with our Kalamazoo guardianship & conservatorship attorneys. We serve clients from our offices in Kalamazoo, Grand Rapids, and Paw Paw.