Guardians and Conservators 

are appointed to protect individuals who cannot make decisions without assistance. This could be a minor child or an incapacitated adult. In Michigan, guardians are authorized to make personal and heath care decisions while conservators are authorized to make financial decisions.

At Biddinger, Schrot & Rolando, PC, we help clients in all legal matters relating to guardianship and conservatorship. We represent those who believe a loved one needs a guardian or conservator, and we help people plan in advance to avoid these proceedings in the future.

A guardian’s authority can be limited or broad. For example, in addition to making basic personal and health care decisions, a guardian may be authorized to decide if the ward (the person under the guardian’s protection) can have visitors, attend social gatherings, and more. Similarly, a conservator’s authority can be limited or broad. The extent of the guardian’s or conservator’s authority is determined by the probate court.

If you think a loved one needs a guardian and/or conservator, you must initiate legal proceedings. The court will determine capacity and appoint a guardian if necessary. The court can monitor the actions of the guardian and conservator to ensure they are acting in the best interests of the ward.

Without proper planning, the court could appoint a guardian and conservator that the ward would never have chosen on his or her own. In addition, this appointment process can last a long time, cost a great deal of money, and lead to family disputes over who should serve as guardian or conservator.

Avoiding Court-Appointed Guardianship and Conservatorship:

By employing proactive measures like establishing a power of attorney, you can effectively preempt the need for court-appointed guardianship or conservatorship. A power of attorney is a legal document that empowers you to designate a trusted individual, known as your "agent" or "attorney-in-fact," to manage your affairs if you become incapacitated. This agent can step in immediately to handle financial, legal, and healthcare matters on your behalf, ensuring seamless continuity in decision-making without the need for cumbersome court proceedings.

With a power of attorney in place, your chosen representative gains the authority to act swiftly and decisively, making critical decisions in accordance with your wishes and best interests. This proactive approach not only circumvents the delays and expenses typically associated with court interventions but also minimizes the potential for family disputes and conflicts over decision-making authority.

Moreover, establishing a power of attorney affords you greater control and autonomy over your affairs, allowing you to dictate who will manage your affairs and make important decisions on your behalf in the event of your incapacity. This level of foresight and planning can provide invaluable peace of mind, knowing that your financial, legal, and healthcare matters will be managed by someone you trust, in accordance with your predetermined instructions.

Whether you're navigating these processes for an incapacitated loved one or aiming to proactively avoid them, our team is here to assist you. We encourage you to arrange a consultation with one of our experienced Thumb of Michigan guardianship and conservatorship attorneys to tailor a plan to your specific needs and objectives.