WHEN IMMEDIATE COURT ACTION IS NECESSARY
Some situations simply cannot wait.
A loved one may suddenly suffer a severe stroke. An elderly parent experiencing advanced dementia may be hospitalized and unable to make medical decisions. An adult child experiencing a serious mental health crisis may require immediate intervention to protect both themselves and others.
In these situations, families often discover they have no legal authority to consent to treatment, arrange appropriate placement, or protect financial assets.
Michigan law allows Probate Courts to address certain emergency situations through expedited guardianship or conservatorship proceedings when immediate action is necessary.
Imagine an eighty-six-year-old widow admitted to the hospital after several falls. Physicians determine she lacks the ability to understand her medical condition and cannot safely return home. Unfortunately, she never signed a Durable Power of Attorney or Designation of Patient Advocate. Her children agree she requires placement in a skilled nursing facility, but no one has legal authority to make that decision. An emergency guardianship may provide the authority necessary to ensure she receives appropriate care without unnecessary delay.
Conservatorships often arise under similar circumstances. For example, an individual suffering from dementia may stop paying property taxes, become vulnerable to financial exploitation, or unknowingly sign contracts they no longer understand. A conservator can help preserve assets while ensuring bills are paid and financial decisions are made responsibly.
Our attorneys also represent families in appropriate mental health proceedings involving loved ones experiencing serious psychiatric crises. These matters require sensitivity, prompt action, and careful attention to both the individual’s legal rights and their immediate safety.
Because emergencies develop quickly, obtaining experienced legal guidance as early as possible often helps families avoid delays when time matters most.
FREQUENTLY ASKED QUESTIONS
What makes a guardianship an emergency?
Emergency proceedings are generally appropriate when immediate action is necessary to prevent harm or protect the health, safety, or property of an individual before a standard hearing can be completed.
Can a conservator also serve as guardian?
Yes. Depending upon the circumstances, the same individual may serve in both roles or the court may appoint different people to address personal and financial needs separately.
What happens if my loved one never signed Powers of Attorney?
A guardianship or conservatorship may provide the legal authority that would otherwise have been created through advance estate planning documents.
Are mental health proceedings confidential?
Michigan law contains important privacy protections in mental health matters. Our attorneys explain the process, applicable confidentiality requirements, and the rights of all individuals involved.
SCHEDULE A CONSULTATION
Contact Great Lakes Family Probate & Estates at (888) 554-5373 or submit a form to schedule a free consultation. Our attorneys are here to provide experienced guidance and trusted legal representation.