Guardianships and Conservatorships are proceedings in the Michigan probate courts which result in the appointment of individuals or corporate entities to handle the personal or financial affairs of individuals who the court determines are unable to make informed decisions concerning their living and medical arrangements, or are unable to manage property or business affairs effectively, due to physical or mental illness, mental deficiency, disability or other causes. These procedures normally involve elderly persons who have dementia or medical conditions that severely impair their abilities to make informed decisions concerning their person or financial affairs.

Guardianship and conservatorship proceedings can be highly emotional for an individual and his or her family, since they involve a court determination that the person involved can no longer make responsible decisions concerning where and how they are to live, medical treatment, and management of their financial affairs. The proceedings can be complicated since the rights of the individual involved have to be protected and there are procedures in place to be sure that an individual truly needs a guardian and conservator. In certain cases the court may even appoint an independent attorney to represent the individual who may object to having a guardian or conservator appointed for them.

The attorneys at Smith& Mabley have extensive experience in connection with guardianship and conservatorship cases. This includes representation of clients in connection with:

• Petitions for Guardianship or Conservatorship

• Representation of Individuals and Family Members who wish to challenge the procedures

• Guardianship reports to the court and conservatorship annual accountings

• Actions to Terminate or Modify a Guardianship or Conservatorship or to remove and replace a guardian or conservator

Contact us if you believe you need to obtain a guardian or conservator for someone, or you are involved in a guardianship or conservatorship proceeding in probate court and need good counsel and assistance to determine your rights and the appropriate course of action in the court.