Guardian Instruction Letter

The Letters of Guardianship issued by the county probate court confirms your appointment as Guardian of the estate. Being a Guardian is not a simple role, but one demanding care, responsibility, and patience.  There are a number duties you owe to the person you have agreed to assist (known as the “Ward”). There are also duties you owe to the Court.  This letter shall serve as an overview of your duties and responsibilities now that you have been appointed by the Court.  Our office is available to answer questions and address specific issues that may arise during the administration of the estate.  Please do not hesitate to contact our office for information or clarity as to your role.  Your failure to properly fulfill your duties can result in the court suspending your powers, your removal as Guardian, and/or imposition of liability.

Letters of Guardianship

The Letters of Guardianship serve as proof of your authority to act and sets forth limits to your power.  Read the Letters of Guardianship carefully paying particular attention to any restrictions imposed by the court.  If you have questions or concerns about any restrictions, please contact the office before taking any action.  You should make sure that all medical providers receive a copy of the Letters of Guardianship so it becomes a part of the medical record.  I encourage you to present the certified copy but request that the providers keep a non-certified copy.  Our office is able to obtain additional certified copies for a cost from the Court.  Please let us know if you need additional certified documents and I will be happy to obtain them for you.

Powers and Duties as Guardian

As Guardian, you now have the following responsibilities and duties:

  • Power to obtain custody of the person and the power to establish the place of residence in the State of Michigan;
  • Visit the Ward within three months of your appointment and then not less than every three months thereafter (if not living with you);
  • Notify the court of a change, if there has been a change of address within 14 days of the Guardian and/or Ward moving;
  • Make provision for the care, comfort, maintenance of the Ward and, when appropriate, arrange for their training and education;
  • Secure services to restore the Ward to the best possible state of mental and physical well-being and to return the Ward to self-management at the earliest time possible;
  • Take reasonable care of the possessions, furniture, vehicles and clothing of the Ward, if no independent conservatorship or protective proceeding is filed;
  • Give consent to any and all reasonable and necessary medical treatment, care, counseling, and/or services;
  • If no Conservatorship is established, you may petition to compel a person to support or pay for the Ward’s welfare;

Annual Report of Guardian

Annually (beginning one year after your appointment as Guardian), you are required to prepare and file an Annual Report of Guardian on Condition of Ward which updates the Court on their current condition, including:

  • Living arrangement;
  • Physical and mental health;
  • Medical treatment;
  • Social activities;
  • Visits; and
  • Need for continued Guardianship

It is a good idea to keep a diary of the dates of your visits, doctor appointments, services obtained and significant occurrences. You can then use information from the diary to complete the Annual Report.

Assets

Generally, no money can be received by you other than the representative payee’s right to receive social security income.  If you receive any money it is important that you contact this office to inform us so that we can properly represent you and notify the probate court. 

Lawsuits

If you are working with a law firm that is handling a pending claim related to an injury of the Ward, that lawsuit may settle while you are acting as Guardian.  If the claim settles, with limited exceptions, a Conservatorship must be appointed to consent to the settlement and handle the funds.  As Guardian, you do not have authority to sign releases or handle any settlement funds.  If you are advised of the settlement of a lawsuit, please immediately notify our office.

Modification or Termination of the Guardianship

Some individuals may need a Guardian for a relatively short time, perhaps as they recover from an illness or injury.  Other individuals may need a Guardian for the rest of their life.  If the individual for whom you are Guardian no longer needs Guardianship, please advise our office to petition the court for termination of the Guardianship.

Additionally, if you are unable for any reason to continue to serve as the Guardian please immediately advise our office so that a modification of the Guardianship may be filed.

I look forward to working with you in matters related to the guardianship.   I realize that these probate issues may feel a bit overwhelming.  Please do not hesitate to call us to review anything addressed in this letter or to go over the process in more detail.  Our goal is to make this process as easy for you as possible.