Guardianships and Conservatorships
When it’s time to step in on behalf of a loved one
An adult who cannot attend to his or her personal or financial needs may benefit from the appointment of a guardian and/or conservator. If someone you care about may require the care and oversight of a guardian or conservator, call one of the Kelly Law Firm attorneys who specialize in this complex area of Michigan law.
Reasons why someone can be declared incapable of handling personal or financial matters
These can range from Alzheimer’s and dementia to other kinds of debilitating mental or physical illness, a brain injury, a developmental disability, or chronic drug use or chronic intoxication.
One of the most difficult situations a family can face is when an elderly parent declines mentally or physically and yet does not accept it and also does not have in place two essential estate planning documents: a valid and effective durable power of attorney and patient advocate form (also known as a health care power of attorney). To know when it’s time to step in and to navigate the waters of family dissension can be gut-wrenching. Kelly Law Firm attorneys have guided families on this path many times before.
“Guardianship” and “conservatorship” are terms that cannot be used interchangeably.
Very broadly, a guardian is entrusted with an individual’s care and comfort, including medical treatment and living arrangements, while a conservator is someone appointed to manage an individual’s property and financial affairs.
An individual may or may not need both a guardian and a conservator. If both are needed, one person might be appointed to serve in both capacities but not necessarily.
The duties of a guardian or conservator are customized to fit the needs of person whose interests are being protected. Probate Court is the place where these decisions are made. Kelly Law Firm recommends choosing an attorney accustomed to working in Probate Court.
We can help you wade through the red tape of the court to establish and manage a guardianship and/or conservatorship.