A 60 year old mother developed early onset dementia. For 10 years, the mother lived with her boyfriend who was not providing her with appropriate care, medication, and shelter. The children retained The Probate Pro to represent them to petition for guardianship and conservatorship. Most importantly, they wanted to ensure that their mother was removed from the inappropriate living situation.
Michigan’s guardianship statute, MCL 700.5306 provides that the court may appoint a guardian if the court finds by clear and convincing evidence both that the individual for whom a guardian is sought is an incapacitated individual and that the appointment is necessary as a means of providing continuing care and supervision of the incapacitated individual.
Michigan’s conservator statute, MCL 700.5401 provides that the court may appoint a conservator if the court determines both of the following:
- The individual is unable to manage property and business affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance.
- The individual has property that will be wasted or dissipated unless proper management is provided, or money is needed for the individual’s support, care, and welfare or for those entitled to the individual’s support, and that protection is necessary to obtain or provide money.
A petition for guardianship and conservatorship was filed in the probate court. Objections were filed by the boyfriend as to the need for guardianship and conservatorship. The probate court scheduled an evidentiary hearing and a guardian ad litem was appointed to protect her rights in the interim.
The Probate Pro effectively worked with the guardian ad litem to advocate on her behalf. After a hearing, the Court granted guardianship and conservatorship to my client. The client removed his mother from the home of the boyfriend and stabilized the living situation.
After qualifying as the guardian and conservator, the client retained The Probate Pro to prepare a Supplemental Needs Trust to maximize receipt of the full range of needed services and assistance.