Guardianships

Clients are commonly confused about various fiduciary roles and their duties. The job of helping them understated these roles and the obligations that with them is typically that of the elder and probate law attorney. But lawyers, especially those who have not practiced long in the probate and elder law arena, may find explaining the rules to their client difficult…

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In everyday conversation, the word “guardian” could have many meanings. But in elder law, and in probate court, the term is used more precisely. It means someone who is appointed by the court to make decisions about the care needs of someone who is unable to make decisions for themselves.

It seems to me that we are living through what could be a case study on the way the law evolves to address a rapidly changing social environment. More people are living...

A guardian is a person appointed by the probate court to make decisions about the personal care of another person. In Michigan, there are three types of guardians: 1) Guardians...

The debate is over. Guardians of adults (but not guardians appointed for persons with developmental disabilities), have authority to sign “do not resuscitate orders” (often...

Family conflicts have historically been the province of family law or divorce court. Now those same issues have become the meat and potatoes of the elder law practitioner and are...