Creating a guardianship is one of the most important things you can do for yourself, or for your loved ones. Read on to learn more about guardianships in Michigan, what they entail, and how to create one.
What is Guardianship?
A Guardianship allows an individual to take on some of the legal responsibilities of another individual. This may occur in the event that an adult becomes incapacitated or is no longer of sound mind. In these cases, they may need care in various aspects of their lives. This is where a guardian may come in. There are different guardianships depending on each individual situation.
What Are the Types of Guardianship?
There are several different types of guardianship that can be appointed depending on the individual and his or her situation. These include the following:
- Guardian of the person: This individual makes life decisions for a person, including health care, education, and welfare.
- Guardian of the property: This individual handles decisions about the person’s money, investments, and savings. They are obligated to file an annual report about the properties.
- Guardian of the person and property: This individual is responsible for both life and property decisions.
- Guardian ad litem: This individual is assigned by a judge to act for an individual during a court case in the event that they cannot defend their rights or protect their own interests.
For the most part, a court will attempt to rule in favor of the least invasive option.
How to Obtain Guardianship
When a guardianship is established, one person has the legal right to make a binding decision for another person. Sometimes, you can choose your own guardian while you are still of sound mind. But, if a guardian was not chosen, an individual may have to apply for guardianship.
When it comes to applying for guardianship, you as the applicant are stating that your loved one does not have the cognitive or communicative capacity to make decisions for themselves and/or are unable to give informed consent for personal, medical, or financial affairs.
If you are interested in filing for guardianship, contact our firm today to speak with a dedicated estate planning attorney today.
Contact our Firm
Sometimes, divorce, family, and estate matters are difficult to navigate. Fortunately, they do not have to be with the assistance of a compassionate, knowledgeable attorney who is willing to guide you every step of the way. If you need a seasoned firm to help you with any divorce, family or estate-related matter, please do not hesitate to contact Collis, Griffor & Hendra today to schedule a consultation.