Should I Obtain Guardianship Of My Mother Or Father?
Last updated on May 19, 2025
If your mother or father in Trenton is showing signs of cognitive decline, physical limitations or both, it may be time to step in legally. These decisions are not simple, and trying to manage them without legal support can add stress to an already emotional situation.
At Robert D. Paulbeck, Attorney at Law, I, Robert D. Paulbeck, help families throughout Trenton, the Downriver Area and Southeast Michigan take the right steps when it comes to parent guardianship. In my over 30 years of practice, I offer one-on-one guidance to help ensure you understand the law, your options and what lies ahead.
Understanding Guardianship In Michigan
Guardianship involves court-appointed authority to make decisions for an incapacitated person. It is different from conservatorship, which handles financial matters. The key points include:
- Full vs. limited guardianship: Full guardianship covers all personal decisions. On the other hand, limited allows some independence.
- Guardian responsibilities: Guardians manage health care, living arrangements and daily needs.
- Legal authority: Guardians act in the ward’s best interest, following Michigan court guidelines.
An experienced attorney like me can ensure the guardianship process aligns with Michigan law, protecting your parent’s dignity and your peace of mind.
When Is Guardianship Necessary?
You might notice signs your parent needs a guardian, like confusion, memory loss or unsafe decisions. Conditions like dementia or stroke often prompt guardianship. A functional assessment by professionals can confirm incapacity. Emergency guardianship may be needed for sudden health crises, while planned guardianship suits ongoing decline.
Michigan’s legal requirements include:
- Proof of incapacity–an inability to make informed decisions due to mental or physical limitations.
- Medical evaluations
- A petition
- Court hearing
The court prioritizes family members as guardians but may appoint a professional if disputes arise.
Alternatives To Guardianship
Before pursuing guardianship, consider these less restrictive options:
- A durable power of attorney: It allows your parent to appoint someone for decisions while still capable.
- Patient advocate designation: Covers health care choices.
- Supported decision-making: Informal help without court involvement.
Even if alternatives seem viable, guardianship often requires a skilled lawyer to navigate court procedures or family disputes. I can assess what fits your family’s needs, helping ensure your parent’s wishes are honored.
Get Personalized Legal Guidance
Call Robert D. Paulbeck, Attorney at Law via 734-800-2699 or contact us online. Together, we will explore your options and develop a perfect plan in Trenton.