Overview of Adult Guardianship in Michigan
Understanding Guardianship Forms in Michigan for Adults: A Complete Guide
Guardianship is a legal means of granting authority to one person (the "guardian") to manage the affairs of another (the "ward"). Like power of attorney, the grant of authority can be limited or broad in scope. In either case, the guardian or agent under power of attorney has the duty to act in the best interest of the person to whom he or she owes that duty. In other words, the point of both power of attorney and guardianship is to enable someone to act on behalf of someone else and to do so only as necessary and in their best interest. The major difference is that the scope of powers granted under a power of attorney are determined by the person granting authority whereas the scope of powers granted to a guardian are determined by the court . Court oversight is what distinguishes guardianship from a power of attorney.
The ability to obtain a guardianship over an adult in Michigan is only available where the adult lacks sufficient capacity to make decisions regarding their own health care and or finances. We distinguish between having capacity and not having capacity because there are varying degrees of capacity. A person may lack sufficient capacity to make health care decision, but still have enough capacity to manage their own finances and other affairs. So where do we draw the line? Unfortunately, Michigan does not provide any suitable answer to that question. Guidance comes instead from court decisions and the practice of elder law throughout the state.
Available Types of Guardianship
In Michigan, there are two general types of adult guardianships: full guardianship and partial (limited) guardianship. The type of guardianship that is put in place dependa on the needs of the individual ward.
Full Guardianship: A full guardianship gives one person the full authority to exercises the legal rights of the disabled person, the ward. Full guardianship may be also referred to as a plenary guardianship or general guardianship. Under a full guardianship, the guardian has the legal authority over all of the disabled person’s legal rights. That includes medical decisions, liquidation of assets, legal representation, management of the individual’s estate and mental health decisions. In most cases obtaining a full guardianship for an individual may be the preferred choice. It gives the guardian full authority over the decision making powers of the ward.
Partial or Limited Guardianship: A limited guardianship grants the guardian specified sections of the ward’s legal authority while preserving other legal rights for the disabled person. A limited guardianship is also referred to as a partial guardianship or limited guardianship. Under a limited guardianship, the court can narrowly tailor the guardian’s powers. For example, the court appoints a guardian to make healthcare decisions for an incapacitated person. That person will not have the ability to make financial, legal or any other personal decision, which should fall under the discretion of the ward. The scope of the guardian’s authority under a limited guardianship is extremely narrow and must be clearly established with the court.
Required Guardianship Forms in Michigan
A full arsenal of forms is typically needed when establishing guardianship. These include a Petition concerning the appointing of a fiduciary, a Court Order declaring that a person should be made a guardian and a permission slip for the guardian to operate and/or move the ward’s assets. These are often required to work with Medicaid, Social Security, Veterans benefits and other sources. In Michigan, the State of Michigan Guardianship Pack might be one helpful resource. If you need different forms, for other types of incapacity or different circumstances, there are other free resources out there. Check your county’s circuit court website as there are frequently forms available on those pages too.
How to File Guardianship in a Prospective Manner
During your preparation stage, you should determine whether the forms you have selected match up with the type of Guardianship you are filing for. You may want to consult with an attorney about whether a Michigan Guardianship is appropriate for your adult child.
Note: This is not intended to be legal advice. It is for informational purposes only.
In this section, we will provide you with a step-by-step guide for filing Michigan Guardianship forms for an adult: First, get a complete list of forms you need from the Court Clerk in your county, or the Michigan Association of Court Retirees. Next, fill out the appropriate forms. Make sure that you have read all instructions, filled out all information, and signed all documents.
Note: Instructions are available on the Michigan Courts website. Note: The following instructions may vary slightly based on the type of Guardianship you are filing. Be sure to obtain specific instructions from your local court system as necessary. You can usually obtain instructions from either the Court Clerk or Probate Registers in your county. The forms you file will vary based on your answers to questions such as whether or not there are existing Powers of Attorney in place, medical issues, and other factors affecting the case.
You will need to print multiple copies of the same documents, each with original signatures. The number of copies you will need may vary by jurisdiction, so be sure to check with your local court system. File all copies with your local court system. Be sure to get proof of filing, such as a date-stamped copy, from the Court Clerk. Always confirm that all Guardianship documents were submitted to the court. Do not attempt to verbally confirm submission.
Attend hearing with Witnesses, if required, as well as any other parties required for that hearing. Follow all directions from the Court, including being prepared to provide proof that you served the Elder, and/or additional parties involved in the case.
Michigan Guardianship forms for adults vary somewhat by jurisdiction. You should be able to obtain all required forms from your local court system or from the Michigan Courts website. For filing instructions, also check with your local court system. Seek help from an attorney if necessary.
Common Issues with Filling Out Guardianship Forms
Completing the various guardianship forms in Michigan can be tricky, especially with the number of documents that are involved in the process. Some common pitfalls to avoid when filling out the forms include the following: It is typically suggested to request a friend or family member unfamiliar with your situation to review the completed forms carefully for any errors . Errors in the documents can result in delays in the process and, in extreme situations, potentially end the guardian appointment. Hopefully this list of potential difficulties for completing Michigan guardianship forms has been helpful in identifying a few common tricky areas to look out for.
Assistance and Resources
Navigating the intricacies of guardianship forms for adults in Michigan can be a complex process. It’s advisable to seek legal counsel when dealing with any guardianship form, especially if there are disputes among family members. An attorney with experience in guardianship matters can help you understand the required forms, guide you through the filing process, and represent you in court if necessary.
There are several resources available to help you throughout the guardianship process:
Michigan Legal Help offers a comprehensive guide with information on various legal issues, including Adult Guardianship. You can find forms to fill out, as well as step-by-step instructions on how to file a petition for guardianship.
Michigan Volunteer Lawyers is a pro-bono program that provides services to low-income individuals in many legal matters. They can connect you with an attorney who can help you with guardianship forms at no or reduced cost.
The State Bar of Michigan can help you find an experienced Michigan lawyer who focuses on adult guardianship issues. They can help you file your petition, work with you through the court, and represent you, if necessary.
The Probate Court in your area can offer help and advice on guardianship matters, including the necessary forms and filing instructions. Michigan courts also provide a guide, Estate Planning Handbook: Planning for Your Future.
Family Network on Disabilities (FND) is a Michigan-based nonprofit organization that supports parents and caregivers of individuals with disabilities. FND provides resources on a range of legal topics, including guardianships.
A Michigan guardianship attorney can help you navigate the legal matters surrounding adult guardianship forms in Michigan.
Conclusion: Effective Guardianship
Adequately understanding and carefully completing the required guardian forms is not just a formality. It is essential to protecting the best interests of the adult involved. Every guardianship is different; there are different requirements in different counties. Missing a step or having the wrong document can turn into a costly error . While this guide can provide you with all the necessary information about the process to make sure you complete each document required, we recommend that you speak with a legal professional. An experienced lawyer can help ensure that the forms you are using are up to date, identify any forms you may be missing and help educate you on the overall process.