PROVIDING PROTECTION WHEN A LOVED ONE CANNOT PROTECT THEMSELVES
No family expects to petition a court for authority to care for someone they love. Yet unexpected illness, addiction, disability, military deployment, incarceration, or the death of a parent can create situations where legal authority becomes necessary.
Michigan law provides several types of guardianships designed to protect both children and vulnerable adults while preserving as much independence as possible.
For example, grandparents may unexpectedly become the primary caregivers for a young child after both parents experience substance abuse issues. Although everyone agrees the child should remain with the grandparents, schools, physicians, and insurance providers often require legal authority before allowing important decisions to be made. A guardianship provides that authority while offering stability during a difficult period.
Similarly, an elderly parent experiencing Alzheimer’s disease may begin wandering from home, forgetting medications, or refusing essential medical care. Adult children often struggle with balancing respect for a parent’s independence against concerns for safety. In some situations, a guardianship allows necessary medical and personal decisions to be made while protecting the individual’s dignity.
For families caring for adults with developmental disabilities, guardianship may become appropriate when the individual reaches adulthood. Parents who have always made educational and medical decisions suddenly discover they no longer have legal authority once their child turns eighteen. Planning ahead helps ensure continuity of care while encouraging as much independence as the individual is capable of maintaining.
Every guardianship should be carefully tailored to the person’s actual needs. Michigan law favors preserving independence whenever possible, and the court expects guardians to exercise only the authority necessary to protect the individual.
FREQUENTLY ASKED QUESTIONS
When should a family consider guardianship?
A guardianship may become appropriate when an individual cannot safely make personal or medical decisions and less restrictive alternatives are no longer sufficient.
Can guardianships be temporary?
Yes. Some guardianships address short-term situations, while others continue as long as the individual requires assistance.
Does guardianship remove all rights?
Not necessarily. Michigan courts attempt to preserve as many individual rights as possible while providing necessary protection.
Can more than one person serve as guardian?
Depending upon the circumstances, Michigan law may allow co-guardians or successor guardians.
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.