It’s an unfortunate truth that as people age, health and cognitive faculties deteriorate. Michigan residents who select a power of attorney in their will can ensure their estate and loved ones are cared for if this eventuality occurs. At the Bingham Legal Group, PC we often help clients petition the court to establish a guardian or conservator in the event there is no designated power of attorney.
According to Parent Giving, a guardian makes decisions regarding the personal affairs of the affected person. This may include making provisions for living arrangements in a care facility, necessary treatments or day to day medical and dental care. Although a guardian can decide their ward’s place of residence, the court may have the final approval for any relocation. State law may dictate whether decisions regarding major medical treatments are appropriate.
A conservator handles the ward’s property and financial affairs. Their responsibilities include attending to the estate in a manner that preserves and protects assets in accordance with the law. Conservators have an obligation to use the estate proceeds to care for their ward; this includes making decisions regarding divesting property and assets. In some cases, an estates’ guardian may execute the will on behalf of their ward or transfer assets to become eligible for government benefits.
Each individual wields considerable power over the care and maintenance of the ward. When the two are in conflict, the court my mediate and pass rulings to further the ward’s best interests. Visit our webpage for more information on this topic.