If an adult, because of mental or physical illness or disability, is unable to make informed decisions concerning their care, that person will need someone to act on their behalf. If prior to being in such condition the adult had executed a durable power of attorney and/or power of attorney for health care, such instruments would permit the designated person(s) to make decisions for them.
If the incapacitated person did not have such instruments in place, a family member may have to initiate proceedings in probate court. In such a proceeding, the judge will appoint a guardian who will be authorized by the court to make medical decisions, personal care decisions, or residential decisions on the incapacitated person’s behalf.
The guardian will be required to remain in contact with the person to assume proper care, and will report regularly to the court concerning the status of the individual.
If the parents of a child were to die, the law requires that a guardian be appointed. The person(s) to be appointed may be chosen by the parents by the execution of the appropriate document, or including such a provision in their will. Absent such an appointment by the parents, the decision will be left open to the judge.
When a guardian is required for a minor, a proceeding is commenced in court. Generally, the parents’ chosen person(s) will be approved by the court. When no person has been designated by the parents, the decision will be left to the judge.
If you need to look into the appointment of a guardianship for a family member, our attorneys are experienced in these proceedings, and can assist you in this process.
Contact Us via email or call our Bloomfield Hills office at 248-642-5535 or our Ortonville office at 248-627-2808.