Macomb County Guardianships

Guardianships

It’s likely that we all will require a little extra help in certain activities as we progress in age. But sometimes, if an individual becomes unable to properly care for their own well-being or affairs, it may be in their best interest to have a legal guardian appointed. Determining if and when guardianship is the right choice can be tricky. Turn to an experienced Michigan estate planning attorney for the help you need.

Guardianship of an Incapacitated Adult

Very generally, a guardian is someone who accepts legal responsibility for someone else and who is put in charge of their well-being. Guardianship is often related to the person’s age, which is the case when minor children require guardianship because both parents are unable to care for them. Guardianship can also address an adult child with disabilities who requires ongoing care and may not be capable of handling their own finances.

The Job of a Legal Guardian

The authority given to a legal guardian can vary depending on the needs of the individual in question. A legal guardian assigned by the court may be responsible for the following:

• The incapacitated person’s estate,
• The incapacitated person themselves,
• Or both.

Becoming a Legal Guardian

Establishing guardianship is a legal process, and guardians must be appointed by the court. Prospective guardians, however, can be nominated by a will, and unless there is a valid reason for ruling otherwise, the court will uphold your wishes.

General Guardianship of a Minor

If you have minor children, addressing the matter of their guardianship in your will is a critical matter. While it’s unlikely that you and their other parent will die or become incapacitated prior to their adulthood, it can happen, and the peace of mind that comes from tackling this concern in your will is invaluable.

The guardianship of a minor is often referred to as full guardianship, ordinary guardianship, regular guardianship, permanent guardianship, or general guardianship. This form of comprehensive guardianship addresses all the following specific responsibilities:

• Facilitating the children’s schooling
• Ensuring the children receive proper health care
• Helping the children protect their financial interests and property

Your children’s guardian is also responsible for filing an annual report in writing that outlines their overall condition, which includes any treatment they’ve received for medical or psychiatric care. In some instances, the condition of the minor’s estate must also be addressed.

Your Peace of Mind

Addressing the matter of guardianship for a child or incapacitated adult can be a sensitive or difficult topic, but addressing it proactively whenever possible can help ensure your wishes are followed and leave you with invaluable peace of mind. Giving this matter careful thought, discussing your decision with your family members, and working closely with a dedicated estate planning attorney are all well-advised.

An Experienced Michigan Estate Planning Attorney is Standing By to Help

Few things are as important as addressing the ongoing needs of your closest loved ones, and the compassionate Michigan estate planning attorneys at Aiello & Associates are well-positioned and well-prepared to help you create estate planning documents like wills and advanced healthcare directives that support your ongoing best interests. And if it becomes necessary for you to manage the estate or healthcare of a loved one, we can walk you through the legal processes required to establish guardianship or conservatorship.

For more information on all our estate planning and family law services, please contact us today.