1. What is a guardianship?

   A guardianship is a legal arrangement where a guardian is appointed by a court to make decisions and act on behalf of an individual, known as the protected individual or ward, who is unable to care for themselves or make important decisions.

2. Who can qualify to be a guardian?

   Any competent adult can potentially serve as a guardian, but the court will consider the best interests of the ward when making the appointment. It's essential to be physically and mentally capable of fulfilling the responsibilities of a guardian. Courts might also consider relative location to the protected person. 

3. What are the different types of guardianships in Michigan?

   Michigan recognizes various types of guardianships, including guardianship of a minor, guardianship of an incapacitated adult, and developmentally disabled guardianships. Guardianships can also be temporary or limited.

4. How do I establish a guardianship?

   To establish a guardianship, you must file a petition with the probate court in the jurisdiction where the potential ward resides. Include all underlying concerns and supporting medical records in your petition. The court will then evaluate the necessity of the guardianship.

5. What is the process for appointing a guardian?

   The court process typically involves the filing of your petition, a review of the evidence, assessments of the individual's capacity to make decisions, and a hearing. If the protected person contests the guardianship, guardian ad litem (GAL) might be appointed to advocate on their behalf. If the court finds that alleged protected person needs a guardian for their care and decision making, it will appoint one via a court order. 

6. Are there situations where guardianships are not required in Michigan?

   Yes, there are exceptions, such as those who have an existing durable power of attorney.

7. What are the powers and responsibilities of a guardian?

   The powers and responsibilities of a guardian can vary depending on the type of guardianship. Generally, guardians are responsible for making decisions related to the ward's care, property, and well-being, while always acting in the ward's best interests. Guardians are responsible for visiting the ward at least once a year, as well as preparing an annual report on the ward’s condition to the probate court.

8. Does a guardian have financially responsibility for the ward?

   Sometimes, guardians are permitted to assist with ensuring the ward’s basic living, care, and medical expenses including housing, healthcare, and daily living expenses are sorted. In the event that a protected person has assets that exceed $5,000.00 which require management,  the guardian should request the appointment of a conservator. 

9. Is a guardianship permanent?

   Not necessarily. Some guardianships are established for a specific duration, such as until a minor reaches adulthood or until the incapacitated individual's capacity is restored. Otherwise, guardianships are continued annually unless contested.

10. Can a guardianship be contested?

    Yes, interested parties can contest a guardianship by filing objections in court, typically during the guardianship proceeding. The court will then review the objections and make a determination based on the evidence presented.

11. Can a guardian be removed or replaced?

    Yes, if there is evidence of misconduct or if it is in the best interests of the ward, the court can remove or replace a guardian. Interested parties can file petitions to request such actions.

Please note that this FAQ is intended as a general guideline and should not be considered legal advice. If you have specific questions or need legal assistance related to guardianships, it is advisable to consult with an experienced attorney who specializes in guardianship matters.