Guardianship & Conservatorship

 

When a person no longer has the ability to take care of him or herself, or no longer has the ability to make financial decisions for him or herself, the court can appoint someone to help them. This can be due to age, dementia, Alzheimer's, other mental health issues, physical disabilities, etc. The person appointed is called a fiduciary and has to always act in the best interest of the protected individual. Our attorneys can help you get a guardian or conservator appointed. 

 

Guardian

 

When a person no longer has the ability to take care of him or herself as they are incapacitated or incapable, a guardian may be appointed by the probate court to protect the individual. A guardian has the authority to protect the legal rights of the individual. A guardian is generally appointed when the issue is the care of the person (such as help with health care issues, living arrangements, medications, cooking, etc.).

 

A guardian is appointed by filing a petition with the probate court. A hearing will be held and the probate judge will decide after hearing testimony whether it is necessary to appoint a guardian to protect the individual. The judge will also decide who is to be appointed as the guardian. Prior to the hearing, the court will appoint someone, called a guardian ad litem, to represent the best interest of the individual. The guardian ad litem will meet with the individual prior to the hearing and file a report with the court.

 

A guardianship may be the only alternative to protect an individual in need. 

Conservatorship

 

When a person is unable of handling their own financial affairs, a conservator may be appointed by the probate court to protect the property of the individual. A conservator then manages the property or funds of the individual. The court oversees the conservator’s actions to make sure he or she is acting prudently and within the best interest of the individual.

 

A conservator is appointed by filing a petition with the probate court. A hearing will be held and the probate judge will decide after hearing testimony whether it is necessary to appoint a conservator to protect the individual. The judge will also decide who is to be appointed as the conservator.

 

A conservatorship may be the only alternative to protect an individual in need. 

Our attorneys can help you get a guardian or conservator appointed. 

 

Contact Michael B. Walling, PLC to speak with an understanding and qualified attorney for a free consultation.

 

Please call our office for a free initial consultation* 

Battle Creek:               (269) 968-1101

4625 Beckley Rd, Bldg 400

Battle Creek, MI 49015, USA                                      

Portage:                       (269) 324-7344

1662 E. Centre Ave

Portage, MI 49002, USA

info@wallingplc.com

* Except Asset Protection & Family Law consultations