Guardianship and Conservatorship
In addition to settling a deceased person's financial affairs, the probate court is involved when a person become incapacitated. Guardianship and Conservatorship are protective proceedings in the probate court that are sometimes referred to as living probate because they are probate proceedings that occur while an individual is alive.
Michigan law provides that every adult (age 18 and up) is allowed to, and responsible for, making their own personal health care, legal, and financial decisions. No one can take away that autonomy to make one's own decisions unless a probate court judge has declared the person to be incapacitated. This basic freedom that is guaranteed by our Constitution is good while we are healthy and competent to make our own decisions. It can become problematic if an injury while we are younger or age-related frailty or dementia renders us unable to make our own decisions because then, there is a loss of dignity and control when the probate court has to declare us incompetent in a probate protective proceeding. Then, a guardian is appointed to make health care decisions and a conservator is appointed to make financial decisions. These issues can be avoided when proper estate planning is done in advance, including Health Care Powers of Attorney, Durable Powers of Attorney, or Living Trusts.
Andrew Byers represents clients seeking guardianship and conservatorship of relatives who can no longer manage their personal or financial affairs and assists family members in fulfilling the duties imposed by these new roles.
Andrew Byers acts as the attorney for guardians and conservators in Michigan probate courts, including acting as the lawyer for guardians and conservators in the Oakland County Probate Court, Macomb County Probate Court, and Wayne County Probate Court.