The Michigan Order Regarding Appointment of Guardian of Incapacitated Individual is a legal order issued by a court in Michigan that appoints a guardian to oversee the personal and financial affairs of an adult who cannot manage their own affairs due to mental illness, physical disability, or other incapacitating condition. The guardian has the legal authority to make decisions regarding the incapacitated individual’s medical care, living arrangements, and financial transactions. The Michigan Order Regarding Appointment of Guardian of Incapacitated Person can be of two types: 1) Guardianship of the Person; and 2) Guardianship of the Estate. Guardianship of the Person grants the guardian legal authority over the everyday decisions of the incapacitated individual, such as medical care, living arrangements, and other matters of personal wellbeing. Guardianship of the Estate grants the guardian legal authority over the incapacitated individual’s finances, such as managing bank accounts, investments, and other financial transactions.
Michigan Order Regarding Appointment of Guardian of Incapacitated Individual
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FAQ
A guardianship takes legal authority and decisionmaking away from an individual and gives it to his or her guardian. Most guardianships are full guardianships, which means that the guardian has legal authority over all of the person's rights and decisions regarding care, custody, and control.
An incapacited individual is defined by Michigan Law as someone who is impaired by mental illness or deficiency, or physical illness, physical disability, chronic drug use or intoxication or any other cause that results in inhibiting the individual from making informed decisions.
In order to get a temporary guardianship, you must prove to the court that there is a true emergency and no other way to prevent the harm that could happen if a temporary guardian is not appointed. If available, you should provide the court with a statement from a doctor or social worker to support your position.
The decision to declare someone as legally incapacitated is determined by a court. A medical team will submit opinions on the individual in question after a series of tests and evaluations. The court will then look over these opinions. It is possible for a family member or the individual to challenge the decision.
If the incapacitated individual needs a guardian, the judge will select (appoint) a suitable guardian who is willing to serve. If the individual needs a guardian but has some ability to take care of certain tasks, the judge may appoint a limited guardian to take care of only those things that the individual cannot.
An individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions.
Michigan Law A determination of incapacity in Michigan requires a probate court finding by clear and convincing evidence.