Guardianship FAQ

Oakland County, Birmingham and Detroit, MI Guardianship FAQs

Attorney Dean Patrick has been serving the Metro Detroit area for several years, so it is no wonder that he has a plethora of knowledge from working on so many cases. In order to answer some of your basic questions concerning guardianship, the Law Office of Dean E. Patrick, LLC has put together a list of frequently asked questions that might assist you as you consider beginning to plan your estate for the well being of yourself and others.

Q: Can I choose my own guardian?
A: Yes, but you can choose your guardian only when you have capacity.

Q: What happens if I do not choose my own guardian?
A: In this case, the probate court will choose one for you.

Q: Will my spouse become my guardian if I become incapacitated?
A: Not necessarily. The probate court has a duty to consider the best interest of the incapacitated individual. If a spouse is not fit for appointment, the spouse will not be awarded the authority.

Q: Can I choose a guardian for my child?
A: Yes, if the child is still under the age of 18.

Q: What happens if I do not choose a guardian for my child?
A: The probate court will then decide who is best suited to be guardian for your child.

Q: Do guardians get paid for their services?
A: Yes. Guardians are entitled to “reasonable fees” and expense reimbursements.

Q: What are the downsides to guardianship?
A: Paperwork, loss of privacy, loss of control, and court intervention into your affairs.

Q: If my adult child or loved one is incapacitated, can I appoint a guardian for them?
A: No. While you can petition the court, the court will decide who is best suited to be the guardian of your loved one.

Q: How can I prove that I am the guardian of a particular incapacitated individual adult or minor?
A: For a small fee, the court will issue Letters of Guardianship to serve that purpose.

There are a variety of reasons one may come to the probate court on a guardianship matter, but it all comes down to the well-being of the individual who is not able to care for themselves. Guardianship grants the legal authority to care for a person along with their personal property and assets. The Michigan probate courts are very complex and matters often get drawn out in the court hearings. It is important for you to be fully knowledgeable on what you are trying to achieve. Call Guardianship Attorney Dean Patrick for a free consultation to understand your unique situation and take care of you and your loved ones.