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In the case of serious injury or illness, or even as part of the
normal aging process, a family member may become unable to care for
themselves or make informed decisions about their daily life or
medical treatment. When that happens, families often are at a
loss as to how they can legally make decisions for that person and
get them the care that they need. Depending of the
circumstances, it may be appropriate for someone in the family to
seek appointment as guardian for the incapacitated person,
who will be known as the protected individual under Michigan
law.
A guardian is granted authority by the court to make
decisions for the protected individual under
MCL § 700.5301. A guardian is responsible for the care,
custody, and control of the protected individual, and may make
decisions regarding medical care, counseling, residence of the
protected individual, and even detention or commitment of the
protected individual if required.
In addition, if no conservator is appointed, the guardian may
receive money or property that is due to the protected individual,
and use that for the care, maintenance and comfort of the protected
individual. At Nesi and Associates, P.C. we understand that the
responsibility of caring for a sick or aging relative can be
daunting, even overwhelming. By helping our clients navigate
their way through the legal requirements of obtaining a
guardianship, we help families focus on caring for their relatives. |