Guardians and Conservators

Michigan Guardianship and Conservatorship Proceedings

Guardianship and conservatorship are terms describing the need to appoint a responsible person to look after the personal care and financial affairs of someone person who cannot do so on one's own. These procedures are most often used in connection with an elderly person whose dementia or medical condition has made independent decision making impossible. A guardian or conservator can also be appointed by the probate court to manage the interests of an accident victim, a developmentally disabled adult, or a minor who comes into a substantial amount of money in his or her own name. If you need advice about a guardianship, conservatorship or other probate disputes under Michigan law, contact an experienced probate lawyer at Barron, Rosenberg, Mayoras & Mayoras, P.C. in Troy.

Guardians protect people, while conservators manage money and property. In most cases, a guardian and a conservator will be appointed in the same proceeding, and one person can — but won't always — serve in both capacities. Guardianship and conservatorship proceedings are by their nature intrusive, because they amount to legal recognition of the fact that a particular person can no longer make responsible decisions concerning health care, medical treatment, or financial matters.

Our experience with Michigan probate litigation in general and protective proceedings in particular helps us advise and represent clients who need help with any of the following:

• Petitions for guardianship and conservatorship
• Defense of guardianship or conservatorship proceedings
• Actions for removal or replacement of guardians or conservators
• Injunctions or restraining orders to protect persons or property while guardianship or conservatorship is pending
• Actions to limit or define the duties of a guardian or conservator
• Motions for an accounting or periodic report
• Actions to terminate or modify a guardianship or conservatorship

In recent years, Michigan probate courts have become increasingly concerned about the performance of guardians and conservators, especially in cases involving self-dealing, fraud, or other breaches of fiduciary duty. We can investigate your case to see whether any serious problems should be brought to the probate court's attention.

Whether you need to file a petition for guardianship, contest a petition filed by another, or defend your performance as a guardian or conservator in probate court, our lawyers can represent you. Contact Barron, Rosenberg, Mayoras & Mayoras, P.C. for additional information about our experience with situations similar to yours.