Guardians and Conservators
Sticky Situations Made Easier when You Bring our Experts on Board
When a loved one can no longer do it themselves, it may become necessary for a guardian or conservator to look after their personal care and financial affairs. 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 are used in connection with:
- Elderly person whose dementia or medical condition makes independent decision making impossible
- Accident victims
- Developmentally disabled adults or minors who comes into a substantial amount of money in their own name.
Guardianship and conservatorship court proceedings are, by their nature, intrusive. They amount to legal recognition of the fact that a particular person can no longer make responsible decisions concerning their own health care, medical treatment or financial matters. Courts don’t take this lightly. You need an expert to help you.
BRMM’s expertise with Michigan probate litigation in general, and protective proceedings in particular, helps us advise and represent clients who need help with 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.
Whatever your side of the issue, our lawyers can represent you. Contact BRMM to learn how we can get started.