What’s the difference between Guardianship and Conservatorship in Michigan?

When a loved one can’t make decisions for themselves, whether it’s because they are a minor, elderly, or disabled, it’s natural to want to step in and help. But it can also feel overwhelming to know where to start. The endless Google searches, the conversations with family and friends, and the stream of thoughts that keep you up at night lead you to the same two options: guardianship or conservatorship.

These two words – guardianship and conservatorship – are often used interchangeably, but in Michigan, they refer to two separate legal processes. Let’s break both of them down a bit so you can understand them better.

Guardianship

Guardianships are commonly used for the elderly, or minors who have recently lost their parent. After someone applies to be the individual’s guardian, there will be a hearing where the court will appoint them to take care of the incapacitated person’s well-being and everyday needs. This includes the guardian stepping in to make medical decisions and ensuring the individual has proper housing and food. Generally, a guardian has the same decision-making responsibility that a parent would have for their minor child.

The guardian must submit an annual report to the court regarding the condition of the incapacitated individual. This allows a judge to review the guardianship and assess if it’s still necessary, or if the incapacitated person can being making decisions for themselves again.

Conservatorship

A conservator is appointed to make the financial decisions of the incapacitated person or minor. This process can also be used when an individual might not have a physical or mental disability, but they simply cannot manage their own finances effectively, such as due to forgetfulness, or even a gambling addiction.

The conservator’s duty is to care for the assets of that individual and keep careful record of how that person’s finances are distributed, so it’s important to keep receipts of how money is coming in and out of the individual’s accounts. Every year, they must submit to the court an accounting of the incapacitated person’s assets to the court to show how they have been handling their finances.

How do they work together?

The same individual might need both a guardianship and conservatorship, or they may only need one type of legal intervention. A single person may be appointed as the guardian and conservator of the same individual, or the court may decide that it’s better to have different people making the financial and personal decisions. It all depends on what is in the best interest of the individual who needs assistance. An experienced attorney can help you make the right decision for your loved one.

If middle of the night internet searches aren’t giving you the answers you need, get in touch with Striegle Law to help you navigate this difficult time. Our team can help you through the right legal process so you can feel relief knowing your loved one will be well taken care of.