The Arc of Western Wayne County: Serving people with disabilities

The Take Charge Helpline

Guardianship and Conservatorship for People with Mental Illness and Seniors

This message is an overview of guardianship and conservatorship.  The Take Charge Helpline offers several other topic areas related to guardianship and conservatorship.

Guardianship gives the legal power to care for another person and to help with medical decisions.  When you are a child, your parents are your legal guardian.  When you turn eighteen, you become your own guardian.  Some people can’t make medical and care decisions on their own and may need another person to be their guardian and make those decisions for them, because of a mental illness or other medical disorders.  

Conservatorship gives the legal power to manage property and financial affairs for another person.  Some people may need help with managing their money and property because of a mental illness or other mental or physical impairments.

You must go to probate court to have a guardian and/or conservator appointed.  The court will decide if you need a guardian and/or conservator based on your ability to make informed decisions about medical care, money, property and similar matters.  If the court finds that you are a “legally incapacitated individual”, a guardian will be appointed.  If the court finds that you are a person “in need of protection” to manage your assets, a conservator will be appointed.

In Michigan, there are several types of guardianship for a person who is legally incapacitated:

• Full guardianship;
• Limited guardianship; and
• Temporary guardianship.

There are three types of conservatorship for a person who needs protection:

• Full Conservatorship;
• Limited conservatorship; and
• Special Conservatorship.

Before pursuing guardianship and/or conservatorship, you may want to first determine if a guardian and/or conservator is necessary.  You should look at the reasons you think you need a guardian and/or conservator.  You should then become familiar with alternatives to guardianship and conservatorship in order to make the right choice for yourself or a family member.

These alternatives to guardianship can be used together in order to best suit your needs and include:

• Representative Payee;
• Durable Power of Attorney;
• Patient Advocate Designation or Durable Power of Attorney for Health Care;
• Trusts;
• Protective Order; and
• Advocacy.

The Take Charge Helpline offers additional information on all of the alternatives to guardianship and conservatorship.

Please understand that this information is only a general overview of guardianship and conservatorship.  Because we all have different needs and circumstances, you should explore, with a knowledgeable attorney or advocate, the alternatives to guardianship and conservatorship and other aspects of planning before you make any legally binding decisions.

If you have questions, or need more information, please contact The Arc at 734-729-9100.

Phone code: 1449