Guardianship and Dementia: What Families Should Know

If your loved one has been diagnosed with dementia and is no longer able to make decisions or manage their own affairs, you may be wondering whether it’s time to consider guardianship.

In an ideal world, legal tools like a power of attorney or advance directive are set up early—before the person loses capacity. But that doesn’t always happen. Sometimes, by the time a diagnosis is made, the individual can no longer legally authorize someone to act on their behalf.

That’s where guardianship comes in.

What Is Guardianship?

Guardianship is a legal process in which a court appoints someone (often a family member) to make decisions for a person who is unable to make them independently due to incapacity, such as advanced dementia.

In Michigan, this process is handled through the probate court.

There are two main types of guardianship:

• Guardianship of the person – for decisions about health care, living arrangements, and daily needs.
• Conservatorship – for financial decisions and managing money or property.

You may need one or both, depending on the situation.

When Is Guardianship Necessary?

Guardianship is usually a last resort—used when:

• There’s no valid power of attorney in place
• The existing POA is being challenged or misused
• The person is at risk due to neglect, abuse, or poor decision-making
• Professionals (doctors, care facilities, banks) won’t recognize an informal caregiver’s authority

The court’s main concern is whether the person is incapacitated and unable to make or communicate informed decisions about their care or safety.

How Does the Guardianship Process Work?

1. File a Petition in Probate Court
   A family member or interested party files a petition requesting guardianship (and/or conservatorship) for the individual with dementia.
2. Provide Medical Evidence
   A recent doctor’s letter or medical evaluation will be needed to confirm the person’s cognitive condition and inability to manage their affairs.
3. Court Investigation and Hearing
   The court may assign a guardian ad litem to interview the person and report back. Then a hearing is scheduled where evidence and testimony can be presented.
4. Appointment of Guardian or Conservator
   If the judge agrees that guardianship is necessary, they will officially appoint a guardian (and/or conservator). This person will then have legal authority to make decisions and must report to the court regularly.

Pros and Cons of Guardianship

In some cases, guardianship brings peace of mind. But it’s not a step to take lightly. It’s important to weigh the options and explore whether a less restrictive alternative—like a supported decision-making plan or validating an old POA—might still be possible.

What You Can Do Now

If you’re facing this situation, you don’t have to go at it alone. A qualified Elder Law Attorney can guide you through:

• Whether guardianship is appropriate
• Gathering medical documentation
• Filing paperwork with the court
• Representing you at the hearing
• Exploring other care or planning options

It’s not an easy path, but with the right support, it can help protect your loved one and ensure their well-being moving forward.

Need help navigating a potential guardianship?

Our office is here to answer your questions and walk you through your options with compassion and clarity. Contact us today for a consultation.