Powers and Duties of a Michigan Guardian Under MCL 700.5314:
Whether you have been appointed as a guardian or are an interested party to the process, it is important to understand Michigan’s framework governing the powers and duties of guardians for protected individuals. One of the key statutes that parties should be aware of is MCL 700.5314. In this article, the experienced guardian attorneys of Thompson Legal will discuss the basics of this statute and explore the powers and duties of a guardian for a protected Individual.
Please note that this article is not exhaustive, and every situation is unique. In the event that you have questions about guardianship or the specifics of your case, it’s advisable to speak with an attorney. Contact Thompson Legal to schedule a discovery call with a Michigan guardianship lawyer.
MCL 700.5314: The Basics
MCL 700.5314 is a statute within Michigan's Estates and Protected Individuals Code (EPIC) that outlines the authority and obligations of a guardian appointed to care for an individual who has been deemed legally incapacitated or in need of protection. The key components of MCL 700.5314 are:
1. Guardian's Powers:
a. Decision-Making: A guardian is granted the authority to make decisions on behalf of the protected individual, particularly in matters of their personal and medical care or living arrangements.
b. Consent: The guardian can provide informed consent for medical treatments, surgeries, and other healthcare decisions, ensuring that the protected person receives necessary medical care.
c. Legal Actions: In some cases, the guardian may initiate or defend legal actions on behalf of the protected person.
2. Guardian's Duties:
a. Duty of Care: A guardian has a duty to act in the best interests of the protected person.
b. Reporting and Record Keeping: Guardians are required to maintain detailed records of their decisions and activities related to the protected person. These records may be subject to review by the court in an annual report.
c. Regular Visitation: Depending on the circumstances, the guardian may be responsible for visiting the protected person regularly to assess their living conditions and well-being.
3. Limitations on Guardian's Powers:
a. Court Oversight: While a guardian has significant authority, the court retains oversight to ensure the guardian acts in the protected person's best interests.
b. Least Restrictive Alternatives: Guardians are expected to pursue the least restrictive alternatives when making decisions for the protected person. This means considering options that allow the protected person to retain as much independence as possible.
c. Consent Requirements: The guardian cannot make certain decisions without court approval, such as placing the protected person in a mental health facility or consenting to certain medical procedures.
d. Financial Management: Depending on the court's order, the guardian should not have control over the protected person's assets and finances - these are reserved for a Conservator.
e. Legal representation: The protected person has the right to legal representation, and in some cases, an attorney may be appointed to advocate on their behalf.
Conclusion
MCL 700.5314 plays a crucial role in safeguarding the rights and well-being of protected individuals in Michigan. It's important for guardians to fully understand their powers and duties, as well as the limitations imposed by the law. If you are a guardian or are considering seeking guardianship for a loved one, it's advisable to consult with an experienced attorney who specializes in guardianship and estate planning matters. Contact Thompson Legal to speak with a Michigan lawyer about your guardianship matter.
This blog is for informational purposes only. It is not intended as legal advice. In the event you would like to speak with a probate lawyer about your case Contact Us at (734) 743-1646 to schedule a consultation.
