Court procedures before appointing a disability guardian

Appointing a guardian to care for the inabilities of another human being in Michigan is a delicate matter. The challenges that arise often occur if the court hasn’t fully prepared. For this reason, you can expect a thorough investigation to be made before any guardianships are legally binding. The presiding judge must ensure that all parties of interest are appeased according to the law.

Uncovering known documents

Depending on the case, your local court will start with documents regarding a person’s legal care. There might exist a will, trust or power of attorney to establish the limits or liberties of a guardianship. It’s the court’s initial step to give family members the role of a guardian. An appointee is decided on if no family comes forth. This appointee will work under the terms of the court and family law.

Legal incapacitation vs. disability

The court must determine the condition of those under assessment for guardianship. “Incapacitation” gives the court a distinction for the needs a person has. “Disability” refers to conditions that are intellectual or developmental in nature. These conditions might be remedied or improved over time. Incapacity, however, covers things that are severe in nature or require specialty in the hands of the guardian.

Regardless, such guardianships can still be terminated. Anyone who lives under a legal guardianship has the right to request termination of the guardianship.

Family law in Michigan

The public courts of Michigan are liable for the health and life of any citizen under their legal care, so granting a guardianship is only done by the public courts. If you handpick a guardian yourself, and you’ll still need a court of law to confirm it.