When a disabled person or an adult with disabilities cannot make personal, medical, or financial decisions for themselves, legal guardianship may be the best way to ensure they receive the care they need. But is a legal guardianship for adults with disabilities always the best route to go?

In Michigan, the probate court oversees the guardianship process, appointing a guardian to act in the best interests of the individual (referred to as the “ward”). Understanding the types of guardianship and alternatives to guardianship can help you make the best decision for your loved one.

Learn how to navigate the legal processes as a family seeking to protect your loved one.

What is Legal Guardianship?

Guardianship is a legal arrangement where the probate court appoints an individual or entity to make decisions on behalf of a person unable to manage their affairs. In the case of adults with disabilities, a guardian can help ensure the ward’s needs are met, from healthcare to living arrangements.

A petitioner is obligated to file evidence in court to substantiate the claim that a person requires guardianship. Michigan courts focus on safeguarding the rights of individuals under guardianship by ensuring that the process respects the individual’s ability to retain as much independence as possible.

Reasons for Guardianship

Legal guardianship for adults with disabilities may become necessary if they are unable to make responsible decisions regarding their personal care or finances. This can stem from a variety of conditions, including:

• Developmental disabilities
• Physical disabilities
• Mental health conditions

For instance, an individual with a developmental disability may struggle with managing daily tasks or making informed medical decisions. Similarly, someone with a traumatic brain injury or a degenerative disease like Alzheimer’s may require a guardian to ensure their well-being.

The primary goal of guardianship is to provide the necessary support and protection for the disabled adult while preserving their dignity and independence as much as possible.

Types of Guardianship in Michigan

Full Guardianship

Full guardianship, also known as plenary guardianship, is appointed when the adult with disabilities cannot manage any of their personal or medical affairs. In this long-term arrangement, the guardian has extensive decision-making authority over the ward’s personal and even some financial matters. The guardian may make decisions about the ward’s:

• Living situation
• Medical care
• Overall well-being

Plenary guardianship does not expire and requires regular status reports to the court, ensuring ongoing oversight.

Limited Guardianship

The court may grant limited guardianship if the individual can handle certain aspects of their life but needs help with specific decisions. This arrangement allows the guardian authority in designated areas, such as managing healthcare decisions, while the ward retains control over other areas of their life.

Temporary/Emergency Guardianship

In cases where an immediate need arises, such as a sudden medical issue, the court may appoint a temporary guardian to make urgent decisions. Temporary guardianship is a short-term legal measure, typically not exceeding 365 days, to provide immediate protection and decision-making authority until a more permanent solution is established.

Conservatorship

If the adult can manage their personal affairs but cannot handle financial decisions, the court may appoint a conservator to manage the ward’s finances. While conservatorship is distinct from guardianship, the two are often used together when both personal and financial matters require oversight.

For further guidance, contact us at The Law Offices of Jarrett R. McCartney today and take the first step in securing your loved one’s future.

The Michigan Guardianship Process in Probate Court

Filing a Petition

To start the guardianship process, an interested party may petition the probate court in the county where the ward resides. This legal document outlines why guardianship is necessary and may include medical evidence showing that the adult with disabilities may need help making decisions on their own.

Court-appointed attorneys play a crucial role in representing the interests of respondents (potential wards) during the guardianship process, ensuring their rights are upheld.

Notifying Interested Parties

Once the petition is filed, all interested parties, including the ward and their family members, must be notified of the upcoming court hearing. This ensures transparency and allows family members to voice concerns or support the guardianship.

Court Hearing

At the hearing, the judge reviews the evidence, including medical reports, and listens to testimony from the ward and family members. If the court deems guardianship necessary, they determine the individual’s capacity and issue a guardianship order, specifying the guardian’s responsibilities.

Ongoing Oversight

Guardians are required to submit annual reports to the court detailing the ward’s condition and any decisions made on their behalf. This ensures that the guardian is acting in the ward’s best interest and allows the court to monitor the situation.

If the court finds that the individual is no longer incompetent or incapacitated, the court may dismiss the guardianship.

Responsibilities of a Guardian

A guardian’s primary role is to protect the well-being of the ward. This includes making decisions about healthcare, medical treatment, living arrangements, and daily activities.

Michigan law requires guardians to always act in the ward’s best interests and consider the ward’s preferences when possible. They must also seek court approval for major decisions, such as changing the ward’s living situation or selling their property.

The court appoints a guardian ad litem (GAL) to ensure the best interests of the disabled adult are represented throughout legal proceedings, including during guardianship hearings and while managing the ward’s estate.

Additionally, guardians must file periodic reports with the court, detailing their actions and the ward’s condition. This provides accountability and ensures the ward’s rights and well-being are protected.

Alternatives Legal Guardianship for Adults with Disabilities

In some cases, guardianship may not be the only solution. Michigan law offers alternatives that allow the adult with disabilities to retain more control over their life while receiving support.

Durable Power of Attorney (POA)

A durable POA allows an individual to appoint someone they trust to make financial and medical decisions if they become incapacitated. This arrangement can eliminate the need for guardianship if established before the individual becomes unable to manage their affairs.

Healthcare POA or Proxy

A Healthcare Power of Attorney (HPOA) can serve as an effective alternative to guardianship for adults with disabilities who can still make certain decisions but may need assistance with medical matters.

By designating a trusted individual to act as their healthcare agent or proxy, the adult retains control over most aspects of their life while ensuring someone they trust will make medical decisions if they become incapacitated.

This legal document provides a more flexible and less restrictive option than full guardianship, allowing the individual to maintain independence while receiving necessary support for critical health-related decisions.

Advance Healthcare Directive

An advance healthcare directive allows an individual to specify their medical preferences so that their healthcare proxy can make decisions based on their wishes.

Supported Decision-Making

This alternative enables individuals with disabilities to retain decision-making control while receiving support from a network of trusted advisors. Supported decision-making encourages independence while providing the help needed to make informed decisions.

Making the best decisions about legal guardianship for adults with disabilities can help ensure your loved one stays as independent as they can and give them hope for the future.

Modifying or Terminating Guardianship

Guardianship is not always a permanent arrangement. There are circumstances under which it can be modified or terminated.

• If the disabled adult’s condition improves to the point where they can make responsible decisions about their personal care or finances, the court may decide to terminate the guardianship.
• Additionally, if the current guardian is no longer able to fulfill their duties, perhaps due to health issues or other personal reasons, the court can appoint a successor guardian to take over the responsibilities.
• Family members or the disabled adult themselves can also request a modification or termination of the guardianship. The court will review such requests carefully, considering the best interests of the disabled adult before making a determination.

These modifications or terminations ensure that the guardianship arrangement remains appropriate and beneficial for the individual it is designed to protect.

When Is Guardianship Necessary?

Legal guardianship for adults with disabilities is often considered when an individual with a developmental disability reaches adulthood and continues to need assistance in making decisions. In these cases, a legal guardian ensures that the individual’s medical, personal, and sometimes financial needs are met.

However, Michigan courts strive to implement the least restrictive form of guardianship, ensuring that the individual retains as much independence as possible.

Choosing a Guardian

Michigan courts prioritize family members when appointing a guardian. If the individual with disabilities can express a preference, the court will consider their choice.

In the absence of a suitable family member, the court may appoint a professional guardian. It’s important to select someone responsible, compassionate, and capable of handling the responsibilities involved.

Working with The Law Offices of Jarrett R. McCartney

The legal process for establishing guardianship in Michigan can be complex, involving paperwork, court hearings, and ongoing reporting requirements.

At The Law Offices of Jarrett R. McCartney, our experienced guardianship attorneys guide families through every step, ensuring that all legal requirements are met and that the well-being of your loved one is prioritized. We also help families explore less restrictive alternatives to guardianship and provide skilled legal representation if disputes arise.

If your family is considering guardianship for an adult with disabilities, working with our dedicated Michigan guardianship attorneys can provide you with peace of mind. We are here to ensure your loved one receives the care and protection they need.

Contact us today to schedule a consultation and take the first step in securing their future.