Guardianship

Oakland County, Birmingham and Detroit, MI Guardianship Lawyer

When an individual cannot make informed general care and control decisions for themselves, oftentimes a guardianship is established in the probate court for the well being of another. The Law Office of Dean E. Patrick, PLLC is prepared to handle any adult or minor guardianship matters. Dean Patrick knows that when others question the assigned guardianship in the probate court, the legal proceedings can become to start getting very complicated and time-extensive. It is important to have a skilled guardianship lawyer there like Mr. Patrick who can protect the purpose and uphold the integrity of guardians.

There are a variety of reasons one may come to the probate court on a guardianship matter. Some people use guardianship as a way to assure their children attend a particular school district while others use guardianship to assure the most basic needs of their loved ones are met. Generally speaking, a guardian is a person who has legal responsibility for another person and is in charge of his or her well-being.

There are three types of guardianships available under Michigan law:

  • General Guardianship: This type of guardianship does not require parental consent, and any person interested in the welfare of a minor can petition the court for the appointment of a guardian. A guardian may be appointed when the parents’ rights are suspended or terminated by a court, divorce or separation, death, mental incompetence, disappearance, or detention. A guardian can also be appointed when the parents permit a minor to reside with another person. Guardianship could be also be granted when a person who is related to the minor within the first degree through marriage, blood, or adoption petitions to become a guardian.
  • Limited Guardianship: This type of guardianship requires voluntary parental consent for these court-sanctioned arrangements. The parent(s) and the appointed guardian(s) must agree upon the limited guardianship placement plan. The plan must include the reason for the guardianship, how the parent(s) will maintain contact with the minor, the duration, financial support, and any other relevant provisions.
  • Temporary Guardianship: The courts may appoint a temporary guardian for six months in cases where a minor requires temporary protection. This type of guardianship is appropriate when a minor’s well-being is at risk. Temporary guardianship results from after hearing testimony at a court hearing.

Guardianship matters are highly emotional and the rules surrounding guardianship proceedings can be confusing. There are many steps that one has to take, and it is unwise to not have an intelligent and experienced lawyer at your side, fighting for your rights and the well being of others. Please do not hesitate to contact Probate and Guardianship Attorney Dean Patrick for a free consultation at (248) 663-2566.

Learn more by taking a look at our conservatorship page.