Guardianships

Guardianships

The process of obtaining a guardianship can be long and tiresome. Allow us to help you. Martin Foldie Law is dedicated to assisting you in your fight for guardianship. Our years of experience and proven success record make us the best option when tackling your upcoming legal battle. 

Process of Guardianships

1.   The first thing to do when considering a guardianship is to determine whether or not a guardianship is the best course of action.  

2. Before beginning the official process of guardianship, many courts require an initial investigation. This investigation must: 

    • State the mental and physical limitations of the individual who requires guardianship.  
    • Evaluate the academic success, social skills, physical condition, and behavioral adaptability of the individual. 
    • State your opinion on the guardianship.  
    • Provide evidence to back your claim.

3. Once the initial investigation has been conducted, an official file is then submitted. In Michigan, filing is required in Probate Court of the person’s designated county. 

4. After officially filing, information to support your claim to guardianship must be gathered and organized. This information includes: 

  • The basic contact information for the individual, including their name, address, phone number, and date of birth. 
  • Documents outlining the estate planning of the individual. 
  • The basic information for the proposed guardian, including their name, address, and phone number. 
  • The basic information for any other parties interested in or qualified for guardianship. These parties can include designated powers of attorney, a spouse, children, siblings, and the state appointed ward. 
  • A list of all parties in priority order.

The priority order is as follows: 

  1. Person named by the State 
  2. Spouse  
  3. Adult Child 
  4. Parent  
  5. Relative that the individual has lived with for at least 6 months  
  6. Any interested and capable person(s) 
  7. Additional paperwork and forms need to be filled out at this time. The forms for the state of Michigan include the notice of hearing, letters of guardianship, acceptance of appointment, and a $175 filing fee among others.
  8. A court date is named and the report for an intermediate guardian, called a Guardian Ad Litem, is filed and a person is appointed to care for the individual until the date of the hearing. 

Type of Guardianships

Once the court date is set and the information is presented in front of a judge, there are several different types of guardianships that can be appointed based on the information presented: 

  • Personal:  this type of guardian is able to make medical, residential, and confidentiality decisions.
  • Estate:  this type of guardian manages and makes financial decisions on behalf of property and assets.
  • Limited:  this type of guardian makes limited decisions based on official court specifications.

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