Protecting the people who can't protect themselves.

Families come to us in the middle of something hard. A parent has been diagnosed and the conversations at home aren't going anywhere. A sibling has appointed themselves the gatekeeper. A child needs a stable place to land while the adults around them get steady. Guardianship and conservatorship work asks a court to step in when private answers have run out, and to do it without taking more freedom from the person at the center than is truly needed. That balance is the whole job, and we take it seriously.

Guardianship vs. conservatorship: what's the difference

The two roles often travel together, but they are not the same. A guardian makes decisions about a person, where they live, who provides their care, what medical treatment they receive, who has access to them. A conservator makes decisions about money and property, bank accounts, real estate, income, bills. Both come from a finding by the court that the person can no longer make those decisions safely on their own.

Adult guardianship and conservatorship: when it's appropriate

Adult cases come up when an illness, injury, or condition has reached the point where a loved one can no longer reliably make safe decisions for themselves, or communicate the decisions they would want. The situations we see most often:

• Dementia and Alzheimer's disease, gradual loss of capacity that has reached the point where decisions are no longer being made well, or are being made under pressure from someone with their own agenda.
• Serious mental illness, chronic conditions where someone cycles in and out of capacity and steady oversight is needed.
• Stroke or traumatic injury, sudden loss of the ability to handle decisions that used to be routine.
• Developmental and intellectual disabilities, often raised when a child turns 18 and parents lose the authority they had as parents of a minor.
• Substance use disorders, where someone's choices are putting them at real risk and softer interventions have already failed.

The court will not appoint a guardian or conservator on a hunch or a family argument. The petition has to be supported by real facts and, in most adult cases, an honest written assessment from a doctor or qualified evaluator. Building that record well, with care for the person's dignity, is most of the work.

Minor guardianship and conservatorship: when parents can't or won't

Minor cases let a non-parent step in and care for a child when the parents cannot, will not, or have agreed it is the right call. Common scenarios:

• Death or serious illness of a parent, a stepparent, grandparent, aunt, uncle, or family friend takes over day-to-day care.
• Parental incapacity or incarceration, a child needs another adult who can sign for school, medical care, and a home.
• Military deployment, a short-term arrangement for the duration of a deployment.
• Parents agree, parents may consent to someone else stepping in for a season without giving up their rights.
• Unsafe parental conduct, where things at home are not right but the situation has not risen to a child welfare case.

There is also a gentler, parent-consented version of minor guardianship built around a written plan with reunification as the goal. It is a powerful tool for families navigating a temporary crisis, and it preserves the parents' rights in a way that a full guardianship does not.

When a child has come into significant money, an inheritance, a settlement, a life insurance benefit, a minor conservatorship may be needed to receive and manage those funds until the child grows up. Many minor matters need both a guardian and a conservator, sometimes the same person, sometimes not.

Gentler options, and why we look at these first

Before we file anything, we ask one question: is there a way to handle this without going to court? Often there is. We routinely guide families through options that protect the person while preserving more of their independence and dignity:

• Durable power of attorney for finances, if the person can still sign one, this often makes a conservatorship unnecessary.
• Patient advocate designation, Michigan's healthcare proxy, which can do the work a guardian would do for medical decisions.
• Supported decision-making, an arrangement where the person keeps the legal say but names trusted people to help them think things through.
• Representative payee, a simple appointment through Social Security or the VA to manage benefit income, with no court filing.
• Joint accounts and trust arrangements with safeguards, when the family relationship is solid and the documentation is clean.
• Special-needs trusts, often a better answer than a conservatorship for a young adult with a disability and benefits to protect.

When one of these tools fits, it is almost always the better answer. When they do not, or when an existing arrangement is being abused, we move to the petition.

What the process looks like

Cases are filed in the probate court of the county where the person lives. Ingham, Eaton, Clinton, Livingston, Washtenaw, and Shiawassee are the counties we work in most often. The process is structured but not mysterious:

1. Petition, we prepare and file the petition and the supporting paperwork. The story we put on paper at the start often shapes the outcome.
2. Notice, the person, close family members, and anyone with a real interest are formally told the case is happening, so they can take part if they want to.
3. Independent investigator, in adult cases, the court appoints a neutral lawyer to meet with the person, look at the records, and report back honestly.
4. Evaluations, statements from a doctor or other qualified evaluator, and any other records that help the court understand the situation.
5. Hearing, the judge listens, considers the report and the evaluations, and decides what the right outcome is.
6. Order, if granted, the court issues an order of appointment and the documents the guardian or conservator needs to start acting in the role.

The role after appointment

Appointment is not the end of the work; it's the beginning of an ongoing relationship the court continues to oversee. The basic obligations:

Guardian's role

• Make decisions consistent with what the person would want where possible, and otherwise in their best interest.
• Keep the court updated on where the person is living, how they are doing, and the care they are getting.
• Let the court know about meaningful changes, especially a move to a more restrictive setting.
• Stay clear of conflicts of interest and self-dealing.

Conservator's role

• Document what the person owns and what it's worth at the start.
• Keep clean records of money in and money out, and report on them.
• Get the court's blessing before selling a home, making a gift, or any transaction that benefits the conservator personally.
• Keep any safeguards the court ordered in place.

We do not stop working when the appointment is granted. We help families stay current with their reporting, get approval before the big decisions, and avoid the well-meaning mistakes that turn into trouble later.

Emergency and temporary guardianship

Some situations cannot wait. A parent has been hospitalized and there is no one with the legal authority to consent to a procedure. A vulnerable adult is being financially exploited and the bleeding has to be stopped now. A child's caregiver has died and there is nowhere safe for them to sleep tonight.

The probate court can put a temporary guardianship in place on a much shorter timeline. In real emergencies, courts will often act within 24 to 72 hours when the request is well supported. We have moved quickly many times, and we do it without cutting the corners that create problems down the road.

Disputes over guardianship

Not every case is uncontested. Family members disagree about who should serve. The person at the center pushes back on whether they need anyone at all. A long-distance sibling suddenly objects to the local one who has been doing the actual work. We handle these matters with the same standards we bring to probate litigation:

• More than one family member wants the role, and the court has to choose.
• Whether anyone should be appointed at all, representing the person at the center, or a family member who believes a court appointment is not warranted.
• Removing or replacing a guardian or conservator who is failing in the role, has a conflict of interest, or has been helping themselves to the estate.
• Narrowing the authority when the person's situation has improved or the original order swept too broadly.

These cases call for both legal craft and good judgment about when to fight and when to find common ground. The person at the center comes first; family politics are managed around that.

Costs and fees

Predictability matters in this work. Where we can offer a flat fee, we do. Where the matter is contested or unusually involved, we provide a written engagement with hourly rates and a budget range. What to expect:

• Court filing fee, modest, varies slightly by county.
• Independent investigator's fee, typically a few hundred dollars, often paid from the protected estate.
• Doctor or evaluator report, required in most adult cases; cost depends on the provider.
• Possible bond or safeguards, for conservators, scaled to the size of the estate.
• Attorney fees, flat-fee for most uncontested adult and minor guardianships; quoted individually for contested matters and larger conservatorships.

We tell every prospective client what we expect the matter to cost before they hire us. If the case takes a turn we did not see coming, we tell them that too, in writing, before doing additional work.

How we approach these matters

Three commitments shape every guardianship and conservatorship engagement at our firm:

1. Dignity for the person at the center, they are the case. We talk to them, not just about them, whenever they can take part. We choose the gentlest option that does the job.
2. Speed when speed matters, for emergencies, we move within hours. For standard cases, we file within days of being hired.
3. Plain-English communication, families in the middle of something hard don't need legal jargon, they need a clear path. We explain the process, the standards, and the timeline so you always know what to expect next.

And we are honest when guardianship or conservatorship is not the answer. If a power of attorney, a representative payee, a special-needs trust, or a frank family conversation is the better tool, we say so, even if it costs us a fee.

Frequently asked questions

Ready to talk?

Whether you are responding to a sudden crisis or planning ahead for a vulnerable family member, the first step is a consultation. You will leave with clear answers, a written quote if you want to proceed, and absolutely no pressure either way.

Schedule a Consultation → Call (517) 908-3203