When an individual can't make informed general care and control decisions for themselves, a guardianship may be established in the probate court. There are a variety of reasons one may come to the probate court on a guardianship matter.  Some, use guardianship as a way to assure their children attend a particular school district.  Others, use guardianship to assure the most basic needs of their loved ones are met.  

Call Metro Detroit, Michigan guardianship lawyer, Dean E. Patrick so that we can help you:

• Defend your current position as guardian
• Establish guardianship for minors and incapacitated adults
• Terminate existing guardianships
• Modify existing guardianships
• Contest pending guardianship petitions
• Prepare and file annual court ordered guardianship reports
• Nominate guardian(s) for you or your children

Guardianship matters are highly emotional and the rules surrounding guardianship proceedings can be confusing. If you have a guardianship matter that requires experienced, aggressive, counsel, call on Attorney Patrick today at (248) 663-2566.

In part, MCL 700.5313 states:

(1) The court may appoint a competent person as guardian of a legally incapacitated individual. The court shall not appoint as a guardian an agency, public or private, that financially benefits from directly providing housing, medical, mental health, or social services to the legally incapacitated individual. If the court determines that the ward's property needs protection, the court shall order the guardian to furnish a bond or shall include restrictions in the letters of guardianship as necessary to protect the property.

(2) In appointing a guardian under this section, the court shall appoint a person, if suitable and willing to serve, designated by the individual who is the subject of the petition, including a designation made in a durable power of attorney. If a specific designation is not made or a person designated is not suitable or willing to serve, the court may appoint as a guardian a person named as attorney-in-fact through a durable power of attorney.