The Arc of Western Wayne County: Serving people with disabilities

The Take Charge Helpline

Guardianship

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

Guardianship gives the legal power to one person, to care for another person, and to manage his or her affairs.  A guardian can help protect someone from harm or neglect, and help someone make decisions about his or her health care, educational programming, where they live, and money or other property.  When you are a child, your parents are your legal guardian.  When you turn eighteen, you become your own guardian.  Some people cannot make important life decisions on their own, and may need a guardian to help make those decisions.  You must go to probate court to have a guardian appointed.  The court will decide if you need a guardian, based on your ability to handle personal decisions about health care, money, property and similar matters.

In Michigan, there are several types of guardianship:

• Plenary or full guardianship;
• Partial guardianship;
• Guardianship of the person;
• Guardianship of the estate;
• Temporary guardianship; and,
• Stand by guardianship.

Before pursuing guardianship, you may want to first determine if a guardian is necessary.  You should look at the reasons you think you need a guardian.  You should then become familiar with alternatives to guardianship, in order to make the right choice for yourself, or a family member.  Guardianship should only be used when necessary, if someone is in danger of being harmed or neglected, or when there are no other alternatives to guardianship available.  There is no legal requirement for guardianship, and you do not have to have it in order to get services.

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.

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

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

Phone code: 1403