When a loved one is no longer able to make safe or informed decisions on their own, family members are often left trying to figure out what legal options are available to help protect them. In Michigan, two of the most common options are guardianship and conservatorship.
Although the terms are often used together, they are not the same thing. Guardianship focuses on a person’s care and personal decisions, while conservatorship focuses on finances and property. Understanding the difference can help families make the right decision for their specific situation.
What Is Guardianship?
A guardianship gives someone legal authority to make personal and medical decisions for another person who cannot safely make those decisions on their own.
This may include decisions related to:
- Medical care
- Living arrangements
- Daily care and supervision
- Education or support services
- General health and safety
Guardianships are commonly used for:
- Elderly adults experiencing dementia or cognitive decline
- Adults with disabilities
- Minor children when parents are unable to care for them
The person appointed by the court is called a guardian. The individual needing assistance is called the ward.
A guardian does not automatically have control over the ward’s money or assets unless they are also appointed as conservator.
What Is Conservatorship?
A conservatorship gives someone authority to manage another person’s financial affairs and property.
This may include:
- Paying bills
- Managing bank accounts
- Protecting assets
- Handling investments or real estate
- Managing income or benefits
Conservatorships are typically used when someone is unable to responsibly manage their finances due to age, illness, disability, or incapacity.
The person appointed by the court is called a conservator. Unlike a guardian, a conservator’s role is focused strictly on financial matters rather than personal or medical decisions.
Can Someone Have Both?
Yes. In many cases, a person may need both a guardian and a conservator.
For example, an elderly parent with advanced dementia may need:
- Someone to make medical and care decisions
- Someone to manage finances, bills, and property
Sometimes the same person serves in both roles. In other cases, the court may appoint different individuals depending on the circumstances.
How Does the Court Decide?
Michigan courts do not automatically grant guardianships or conservatorships simply because a family member requests one. The court must determine that the individual is unable to properly care for themselves or manage their affairs.
The process often includes:
- Filing a petition with the probate court
- Medical evaluations or supporting documentation
- Notice to interested parties and family members
- A court hearing
- Possible appointment of a guardian ad litem or investigator
Because these proceedings can directly affect a person’s rights and independence, courts take them seriously.
Guardianship and conservatorship cases are handled through Michigan probate courts. You can find your local probate court through the Michigan Probate Courts Directory.
Are There Alternatives to Guardianship or Conservatorship?
In some situations, less restrictive options may be available, including:
- Powers of attorney
- Patient advocate designations
- Trusts
- Supported decision-making arrangements
Planning ahead with proper legal documents can sometimes help families avoid the need for court involvement later. However, when no valid documents exist—or when someone is already incapacitated—guardianship or conservatorship may become necessary.
Working Through the Process
Guardianship and conservatorship cases can become emotional and complicated, especially when family members disagree about what is best for a loved one.
An experienced attorney can help families understand:
- Which option may be appropriate
- What evidence the court may require
- How to navigate the probate court process
- Ongoing responsibilities after appointment
Striegle Law helps Michigan families navigate probate, guardianship, conservatorship, and other family law matters with practical guidance and compassionate support. If you have questions about your situation, contact us to discuss your options.