At the point where a ward’s assets are valuable enough to require some investment management, the appointment of a conservator will be necessary. Upon the filing of the petition with the Probate Court a conservator can be appointed to handle the ward’s financial affairs. A showing to the court that the person is confused and displays an inability to handle their business is the standard that is required. Like the guardian, the conservator must file an inventory and annual accounts with the court.

Guardianship

Most Americans have not completed a Health Care Power of Attorney nor a Living Will. If you do not complete an advance directive before you are unable to act for yourself, who makes the personal decisions? These are handled by a guardian, appointed by the Probate Court after a hearing determining your legal capability to handle your personal affairs.

This process begins with a petition for guardianship in which someone (often a family member) files papers in court stating that they do not think you can take care of your personal affairs, and asks that someone be appointed to handle them for you. The standard the court uses to determine if you need a guardian is: are you capable of making an "informed decision" about your affairs and is a guardian deemed necessary to provide continuing care and supervision.

Ward

The person appointed by the court is the guardian, and the legally incapacitated person is referred to as the ward. No matter who requests to be your guardian, you may express your preference as to who you want appointed, and the court is to take your wishes into account unless that person is not "suitable and willing to serve." Perhaps a petition has been filed but you don’t feel you need a guardian; you can request a lawyer be appointed to represent you. The court should not appoint a guardian who will financially benefit from you, by providing paid housing or medical services. Thus, your adult foster care owner should not be appointed your guardian. If you also need someone to handle your business affairs, a petition to appoint a conservator would also be filed in Probate Court.

If the court appoints a guardian, you have a right to later petition to have the guardianship changed or terminated. Under Michigan law you, as a ward, may write an informal letter to the Probate Court, requesting a change or termination. The court may decide to have a hearing on the matter.

Excerpted with permission from Advancing Smartly:  A Legal Handbook for Michigan Women Age 60+. Published by Elder Law of Michigan