A Judge in the Background with a Gavel Hammer and Wooden Shaped Family Figurines Next To The Gavel | Guardianship Administration: Protecting Loved Ones With Care | The TGQ Law Firm

Understanding Guardianship Administration

Guardianship administration is one of the many actions you can take to protect your loved ones. You may not think about your autonomy every day, but the fact is that it can vanish from you or your loved ones at any moment.

This can be from old age, disability, or an injury. Regardless, this is where guardianship administration comes in. When the court appoints a guardian, that person can make decisions on behalf of their ward.

The TGQ Law Firm is one of the leading Michigan estate planning law firms with years of experience in guardianship administration. We are here to help answer all your questions, contact us today.

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The Role of Guardianship in Estate Planning

Estate planning is essentially creating a map for your future, except this map is legally binding. When someone becomes incapacitated, a guardian uses their estate plan to carry out their wishes.

Guardianship administration begins with a loved one filing a petition for the guardianship of another with the probate court. The probate clerk then schedules a hearing date, on which the judge will determine whether a guardian is necessary for the incapacitated individual.

This is a complex procedure. An Ann Arbor, MI, estate planning attorney can help by guiding you through the process.

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Conservatorships: Protecting Monetary Matters

While guardianships pertain to medical care, conservatorships are legal arrangements that appoint a conservator to make financial decisions on behalf of an incapacitated person. A conservator manages assets, property, and business matters.

Consider conservatorships carefully, as they, like guardianships, strip wards of their rights. However, they may be necessary in instances of mental illness, disability, or drug use.

Choosing a trustworthy conservator is vital. Unfortunately, some conservators take advantage of their position to financially benefit themselves. The interest of the incapacitated individual should always be a priority.

When appointing a conservator, the court will either appoint a willing loved one or a professional conservator.

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Private Conservators and Their Vested Interests

In most situations, appointing a family member or loved one as a conservator is a good idea. These people already have a vested interest in the incapacitated individual’s well-being. Conservators have a lot of power, as they can manage their wards’:

  • Income
  • Property
  • Savings accounts
  • Bills

If a private conservator is willing to take on these responsibilities, there is much less chance the ward will face mistreatment. With the help of an estate planning attorney in Ann Arbor, MI, you can hold private conservators accountable and keep them on track.

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Importance of Doctors’ Opinions in Establishing Inability

For the court to issue someone a guardian or conservator, they must believe without a doubt that the ward-to-be is incapacitated. Whether this is due to a disability, mental illness, drug addiction, or injury, a doctor’s opinion goes a long way.

Doctors offer an objective point of view, as they have nothing to gain from the situation. With their medical knowledge, they can determine whether a person cannot make financial or health-related decisions independently.

A doctor’s letter or statement is an essential part of guardianship administration.

Discovering Powers of Attorney

One thing that can interfere with petitioning for guardianship is the discovery of a power of attorney. If the incapacitated individual previously included a power of attorney in their estate plan, this could eliminate the need for a guardian or conservator.

A Michigan estate planning attorney can help you determine whether a loved one has already established an agent through a power of attorney.

This grants an individual the power to make decisions on their behalf. Unlike guardianship, however, the individual can choose the person making those decisions.

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When considering guardianship, remember it should only be an option when necessary. An incapacitated individual needs a trustworthy person to make decisions on their behalf.

The probate court may appoint a guardian and/or conservator to take on this responsibility. This person must have their ward’s interests in mind at all times.

The TGQ Law Firm has years of experience guiding families through the difficulties of guardianship administration. If you need an Ann Arbor, MI, estate planning attorney, contact us at 734-707-3232. We are happy to answer all your questions or schedule a free consultation to review your case.

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Disclaimer: This article is not intended to be legal advice. Everyone’s situation is different and legal advice is only properly given after having reviewed your specific situation.