Establishing Guardianships And Conservatorships In Michigan
Are you facing the uncertainty of needing to establish a guardianship or conservatorship for a loved one in West Michigan? The legal process can feel overwhelming, especially if your family is in crisis.
Stacy Van Dyken is a passionate guardianships and conservatorships lawyer with over 20 years of experience. At her firm, Stacy L. Van Dyken, P.C., she takes a compassionate approach to every case and provides effective and aggressive advocacy to ensure that your family’s needs and rights are at the forefront.
Understanding Guardianships And Conservatorships In Michigan
In Michigan, guardianship grants a person (the guardian) with authority to make personal and medical decisions for another individual (the ward) who is unable to do so for themselves. This often includes minors or adults with disabilities.
On the other hand, a conservatorship involves appointing someone (the conservator) to manage the financial affairs of another person (the protected individual) who cannot manage their own finances. This might be due to age, disability or another factor.
How Is A Guardianship Or Conservatorship Established?
To establish either a guardianship or conservatorship, the court must appoint a suitable guardian or conservator. This process involves filing a petition and attending a court hearing where the judge will determine the best interests of the ward or protected individual.
How Does A Conservatorship Work?
A conservatorship in Michigan is designed to protect individuals who cannot handle their own financial matters. This might include elderly individuals with dementia, adults with severe disabilities or minors who inherit significant assets. The conservator, appointed by the court, manages the protected individual’s finances, making sure that bills are paid, investments are managed and assets are protected.
The court oversees the conservatorship, requiring regular reports from the conservator to ensure that they are acting in the best interests of the protected individual. This helps prevent financial abuse and makes certain that the individual’s needs are met.
What Are Alternatives To A Guardianship?
While guardianships can be necessary, they are not the only option. Alternatives to a guardianship can include:
- Powers of attorney: These are legal documents that allow someone to make decisions on behalf of another person without court involvement.
- Living wills: These specify an individual’s wishes for medical treatment if they become incapacitated.
- Representative payees: For those receiving Social Security benefits, a representative payee can manage their funds.
- Trusts: Establishing a trust can provide financial management without the need for a conservatorship.
These alternatives can be less intrusive and more flexible, depending on the specific needs of your loved one.
Attorney Van Dyken has dedicated her legal career to helping families in crisis. As a family law attorney, she is acutely aware of how family dynamics come into play in different scenarios. If you are considering a guardianship or conservatorship in your family, she can help you find the best solutions for your situation.
Who Does The Court Appoint As A Guardian Or A Conservator?
The court aims to appoint the most suitable person as a guardian or conservator. Typically, this is a family member or close friend who understands the needs of the ward or protected individual. However, if no suitable person is available, then the court may appoint a professional guardian or conservator. The primary consideration is always the best interests of the individual needing assistance.
Schedule A Consultation With A Guardianship And Conservatorship Lawyer
If you are considering establishing a guardianship or conservatorship, or if you have questions about the process, contact Stacy L. Van Dyken, P.C.. To schedule a consultation, call the firm’s office at 616-776-3902 or send an inquiry through the firm’s website.