guardianship for adults with mental illness in michigan

Guardianship laws vary from state to state, and the process depends on your state’s laws. ��o �Z� The Michigan Mental Health Code specifies separate definitions and procedures for establishing guardianship of a person with a developmental disability versus a person with a mental illness. A Guardianship allows a person to make medical and placement decisions for another person who is unable to make those decisions (the ward). One difference is the … Posted on December 13, 2020 | December 13, 2020 | According to Mental Health America, Michigan is ranked 17 out of the 50 states and Washington D.C. for providing access to mental health services. This approach helps clients with legal problems so they can concentrate on their mental health and wellness. Most people with a disability are able to take care of their own lives without a guardian. Adult guardianships are used when an individual is impaired by mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication or other cause so that they lack sufficient understanding or capacity to make or communicate informed decisions and need someone to make such decisions for them. However, with some simple guideline, the process can be straightforward. If you are thinking about a guardianship or its alternatives, you should talk to an experienced attorney in the field. Visit Transition to Adulthood for more resources on the transition process. Michigan Alliance for Families is an IDEA Grant Funded Initiative of the Michigan Department of Education, Office of Special Education, and Michigan’s federal Parent-Training and Information Center (PTIC) funded by U.S. Department of Education, Office of Special Education Programs (OSEP). The remaining 56.3% receive no mental health treatment. 1-800-552-4821info@michiganallianceforfamilies.org. Forms and Instructions for Developmentally Disabled Guardianships under the Mental Health code For filing a Petition for Appointment of a Guardian you will need the following: 1. There are alternatives to guardianship that can meet the needs of an individual without going to court. H��WYo� ~ׯ�� ݮ"�H�|$��'�@�8�f��W=�&z��"Y<>�nNWo~Y~��o��ۯn��-,�}��՛��-~9��*��:Z��6W��`+e9��:,��?��>��!�7�nY��C]N�/l�I�W��U,��9ma�ى�,�m��r��B��B�K|�v?��no��[��pOk��t�=Y̲�(�y�iC��Y�ڵ3��Cb_��o�Ǖ��+��|=�d��q͇wBc��=�S�"�]?��+�̹��-9}�:E?��lH�G+ΖN^��[:��N�嗥�ҳn5��TR�q�L��Č��L]��j�J�9�CP7L~Y�o!R��X�Å��U��>)�3�� k{Eܩ�Gj�8�#�BA*[��[��r:�Ç�Tϧ�a:kZ1�V�i�y+{�\H��5:.�XW(T��@��Ί߱g*�K�q��=�Dz�r�� g�A��/��_@]x�L e��lm��ㅽ�ď&� ��0Rڻ ��Ŗ��~��AP� !�>�o �"�q�;��wf��D-$RN�j�>}��{}3��9�Ϥ�yov�B��y�?b��j3�=u��FBjQu~��#>||M?_�! To establish guardianship you need to file a document with The Guardianship Division of the NSW Civil and Administrative Tribunal. Mental disorders and illnesses are very common and, while sometimes limiting the person's scope or happiness, they usually do not limit their mental competency. The judge will determine what level of guardianship an individual may need. With the court’s permission, the guardian may resign at any time. GUARDIANSHIP OF AN ADULT IN MASSACHUSETTS Prepared by the Mental Health Legal Advisors Committee December 2015 This pamphlet describes Massachusetts law regarding guardianships of adults only. Distance Learning Resources for Children with an IEP, Special Education Supports and Services During COVID, Individualized Family Service Plan (IFSP), National Resource Center for Supported Decision Making, Supported Decision Making Resource Library, Michigan Advanced Directive for Mental Health Care, “Civil Death” of Rights of People with Disabilities and the Elderly under Guardianships, Guardianship Alternatives Information Network, Michigan Alliance for Families Webinar Series. The Michigan Mental Health Code specifies separate definitions and procedures for establishing guardianship of a person with a developmental disability versus a person with a mental illness. (��jr�Sr�}ų $�A�(�ȫI��d?�Kl�Q�9%��*X�J� ��fA呸MGߐ� o^��F�g��@|��p��#�b��ɝ��0:� *��NC)��~j�� "L�u�;݌ @7X��`�`��ȋ��Z��x�T�B��ݡG�B��F�U��z��^�7��w��痋��I#��,��|}��Q��ߦ��4��]��DCQL�t��ϗZ��'O*��jq�_ Path Projects The PATH (Projects for Assistance in Transition from Homelessness) Grant is funded by the McKinney Homeless Assistance Act and provides funds for services to persons with mental illness ; Training . An adult child's mother or father does not receive guardianship automatically. All Rights Reserved. h�Ԙ_o�6��Β,Y2p(�d׭��+.�n@�/��`�$>��Gʢ,;N�z"�2%Q?K��Jƙ6e�=SH3,�O*�`��,�X�4K�s�ra�$X*%��%S)��LZ�ic,�K.g�i�/��N��ݻdr9g��}�L��n]��ل��x��k>�\1��'��}.��U��Ver��-��_��uQ�ɢpv�mcw~~�1�q��~QV5\fɬ��X.�j�e2��lTg)7�ŪxܳT%��N7_�δ�N+ù��i/��r��r]��u��YշNw]��+Ԁ��Ϧ��խ��]Y/�h�X��p�\��j��T��d^��1�ab[ty��֛]��ƍW�{��j�yXV�ɧe5��b��׳�b�쾣 ?��7�Z'�Ͽ��-,��,�}?�O�;��R��Lk�4��v�? JANUARY 7, 2013 VOLUME 20 NUMBER 1 A recent blog entry from the Special Needs Alliance (two of our lawyers are members) addressed the common problems encountered when family members seek guardianship over someone with a mental illness. Order Following Hearing on Status of Minor Guardianship: pc656 9/08: MCL 700.5207(3), MCL … �M�bz��"Q�4Q_�B�^$�i��e�@&p Mental Illness: A Family Resource Guidewas written for and dedicated to families who have a relative with mental illness. QpՠB��D�&�,$2T�vU^H�E�P,�H�A�E�Mu�lZ��y?��7� G�K P>��H��@�l2 ��A��?�Ph+�B��d�\G��7�+\�]��6��Wb��3��N�0�/@��Y�uoTK 4Az7v.� The former group is simply referenced under the law as “persons with a developmental disability,” whereas the latter group (i.e. The program is supported by a grant from the … ARIZ. REV. Serving as a guardian for a disabled adult age 18 and older is a serious responsibility. Guardianship is a serious decision that should not be taken lightly as it removes … As used in this chapter, unless the context requires otherwise: (a) "Facility" means all of the following that regularly admit individuals with developmental disability and provide residential and other services: Guardianship and Mental Illness.” It draws on material in a longer recent piece that has a more elaborate articulation of the basis for an ADA integration mandate claim in the guardianship context. The first edition, published in 1988, came about through the initiative of Yolanda Alvarado and other members of NAMI Michigan who saw the need to share what they knew with other families. Guardianship is most often used when a person has lost his or her ability to make decisions because of age or incapacity. Types of Guardianship for Adults with Mental Illness. %%EOF Order Appointing Physician/Visitor/Mental Health Professional: pc629 9/07: MCL 700.5304, MCL 700.5310(4), MCL 700.5406, MCR 5.121, MCR 5.405(A) Order Appointing Special Fiduciary and/or Suspending Powers of Fiduciary: pc602 9/02: MCL 700.1309, MCR 5.203(D), MCR 5.204 . The information on this website can help you learn more about the alternatives to guardianship. Michigan Advanced Directive for Mental Health Care ... After I’m Gone Program assists parents of children and adults with disabilities in planning for their son or daughter’s future when they are no longer able to provide care. The Mental Health division handles adult guardianships for individuals with developmental disabilities, transport orders for individuals with a mental illness, and mental health commitment hearings. Who needs a guardian Adults who need a … If you are concerned that your loved one's financial health is at risk because of their inability to make informed financial decisions, the staff of Suzanne R. Fanning PLLC can help. At the hearing, the doctor or mental health professional will present his or her findings about the adult child’s level of competence. The following explains Michigan guardianship for a formerly competent adult who loses the ability to take care of him or her self properly. When an individual is impaired by reason of: Mental illness Mental deficiency ; Physical illness or disability Guardianship is meant to ensure the well being of the ward by allowing a competent individual to make decisions for the ward who is not capable of doing so. Job SummaryAs a member of the Assertive Community Team (ACT) provides services and supports to adults who are diagnosed with serious and persistent mental illness, which may include co-occurring serious mental illness with a developmental disability and/or a serious mental illness with co-occurring … Bond of $______________ must be filed. ��eo�R��)�k��҅R When is a guardianship necessary? MENTAL HEALTH CODE (EXCERPT) Act 258 of 1974 CHAPTER 6 GUARDIANSHIP FOR THE DEVELOPMENTALLY DISABLED 330.1600 Definitions. %PDF-1.5 %�� Public Psychiatric Beds in Michigan. )�{��͏PNw��i$��׻"��q�wḁW�8V��q]��00�S��DRR�/�̀�G0`;�`��&�D��V�%~��^i��ԵQ��M[�3�Թ�8$��Վ~n�7n��Zg�h�74 �C��?9��y֍}�3f�|`��g9��b� n�9��4~G��BD?b=��\1�t�Q��?=��s_�砾4�`9~��3��#�ݘ_\פ��Pbnb��;��J�{��k4�� >��?��7�0�o�lU6Yoc��c��:�b�G||WK�C��˰��9 %�1�zwʁ��I��m��z`K%��3Ԅ�^LE}�\��^_�}B��q �>��:Z� O��O|��;%ػ#�Y�:}�O��;�k'�G��c��l�>�ʉ��`�Ħ'�G7=�'��i1'��ɭ�>Qo7܃y��C5�Hc�S8⸧�6��T{x�;��OW[u�ǒ9E�[|_V�{��z8�oo~��-R�}w0v>YQN��.�+\��a�io��֙[v��w�Y�� Florida law requires the court to appoint a guardian for minors in circumstances where the parents die or become … As with guardianship, conservatorship is designed to protect adults who lack legal capacity to manage their affairs due to age or mental or physical disability. The adult child will be evaluated by a doctor or other mental health professional to determine how well you make decisions. Please call (269) 383-8666 to schedule an appointment. See Leslie Salzman, Rethinking Guardianship (Again): Substituted ... isolation of people with disabilities may constitute unlawful discrimination.17 Other reasons for guardianship include a mental illness, or a physical illness or disability. ;R��,P?ŧ[&��0�Qev��`X�=g!T�W�^97�HM�}�1h��zg?Aɤ�Q�9T+��|D��`F�cīB�(��`��ؓ[ړf`zm��Clhm��9,[��lw��z~^ {@i��Ol��X��*�I�"�$.a_��N��c��A~��w��1 �2��!��쑫h�n��7�U��(�~�QN5s��>��0 Exploring three types of minor guardianship available in Michigan, including full guardianship, limited guardianship, and temporary guardianship. One difference is the requirements for an evaluation known as a 612 Report under The guardian owes a duty to behave as a reasonable person would under the same or similar circumstances. Depression is a good example. Continue Reading Does Washington Need New Guardianship Rules For Adults With Severe Mental Illness Or Addiction? Process of Being Appointed Guardian 13 3. Indiana Guardianship for Children & Incapacitated Adults. Á You can ask your Independent Mental Health Advocate to help you understand about your Guardianship. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY: The Michigan Mental Health Code requires that testing be done of the developmentally disabled individual before a Court may appoint a guardian. 1 #28754691_v1 I. INTRODUCTION1 Mental illness is a serious problem, with some studies estimating nearly a quarter of all adults in the United States suffered from mental illness in the past year.2 Despite the prevalence of mental illness, many of those afflicted are unable to get the help they need, bouncing from hospital, On the other hand, some types of guardianship can create financial liability. Every person can make choices and has a right to make decisions. A person who loses this ability is called "incapacitated." U.S. jails and prisons hold far more people with chronic and severe mental illness than do our mental hospitals. When a court gives powers to a guardian, they take those same rights away from the ward. All of our flyers are PDFs, which can be viewed with a free download of the Adobe Acrobat Reader. ��cRɽ��u}F)�=/. Everyone is different, and what works for one situation may not work for another. A guardian is a surrogate decision-maker appointed by the court to make either personal and/or financial decisions for a minor or for an adult with mental or physical disabilities. Things can be explained in a way that the person can understand, giving them information for making the choice. When an adult becomes unable to make responsible decisions, then that adult may be in need of a guardian, conservator, or other alternative. If an adult suffers from a developmental disability, somewhat different provisions of the Mental Health Codeapply. Guardianship is the legal proceeding in court. Guardianship is most often used when a person has lost his or her ability to make … When Guardianship is Required 2195 0 obj <>stream Luminaries and leaders are known to have suffered clinical depression … List of Services: Housing issues; Public benefits; Family … In addition, guardian has the authority to execute a written consent for formal voluntary mental health treatment, unless objected to by the incapacitated individual. 2. The ward is a person over the age of 18 with a disability that causes incompetency. About. Because guardianship deprives an individual of their right to be accommodated and supported, it should only be used when necessary. Guardianship and Alternatives 9 2. For example, family members and friends can help point out risks, advantages, and consequences of a decision. Know your rights The Mental ealth Act ode of ractice 1 of 7 Guardianship.. An easy read fact sheet.. Guardianship Key facts Á Guardianship is used to help you live outside of hospital. A guardianship proceeding is initiated by filing a Petition for Guardianship with the probate court, which sets forth the reasons that a guardian is needed for an individual. Jan 6 2013. Symptoms may be intermittent, leading individuals to resist legally imposed assistance and making it difficult for a court to establish whether or not they are competent to care for themselves. These requirements might vary, but for the most part, they are close from jurisdiction to jurisdiction. Medicaid is a … Zi~Ԡ�B�x�}0��*D3�T�[��ƣ� ��+PI�"�0��"�$U�6{J��3��td��3��j �e��Jw�m��:��'��m��5�xm� f��gt-��,9àS�ht�ul��h~��2�8�0�3��F�$��Ӻ��>7��L�{y�N�J�ht�ֳ�'n�i��Ift�q�/��-��;$��n��:��DO�y��y�q��|`�K��r.j�Kn��;�7�(m��gLc��C��F㮦"�3{�E��V�l�A#p�@�ն��#��1 Æ��BN7tx':�?��`��` >�bt*%��k�? Adult. Decision-making authority . Australia has eight different guardianship regimes, which vary widely in their forms of regulation. The program is a collaboration among several local organizations represented on an Advisory Board and is administered by the Area 10 Agency on Aging. }�(6�ɶagpjo��i*==��&��"�i�h}\ G��&��x�y._ݯ��S_��ykK8�9�-}8jS�Q'��P�DZ�>>�G"�=�P5��Ǭƈ�aߤ�O=��e}�1��h��#�h�$j�D��(Ui�#h%r7�^i�OS��O��*��l�@0њ�*+Y�a�RJ��B�_�^! 2181 0 obj <>/Filter/FlateDecode/ID[<0C40A8E19D8CFF4CA1921AB12A360758><7B27116EF703F34C9CDC1E1FC0DFE9FA>]/Index[2167 29]/Info 2166 0 R/Length 78/Prev 1075460/Root 2168 0 R/Size 2196/Type/XRef/W[1 2 1]>>stream Report to Accompany Petition to Appoint Guardian of DDI- This form should be completed by the person(s) who completes the psychological testing. Determine if Guardianship is Appropriate Pursuant to MCL 700.5306(1), a Court "may appoint a guardian if the court finds by clear and convincing evidence both that the individual for whom a guardian is sought is an incapacitated individual and that the appointment is necessary as a means of providing continuing care and supervision of the incapacitated individual." A Guardian ad Litem must be appointed by the Court when a Petition for a Guardian and/or Conservator of an adult is filed. Any adult who is interested in the peron’s welfare may seek appointment as guardian for an incapacitated person. 600. Rethinking Guardianship Part 1– from the Michigan Alliance for Families Webinar Series, Rethinking Guardianship Part 2– from the Michigan Alliance for Families Webinar Series. (v�__�cHt�44��u��.E�Q�*]է�^}��=��F�/)��Qk�N�MW��0)�}��0iNմ�}��뇻=j�*hj�.�|b�n�z��B��+��8Ʉ�I� ��aW|��H��\�� dH9��i�C�O��?�ʹ�>��v�.��q��e��_I��.��`�+$�6��i��-��J��+U�� M�8jN��?��H?��Z��5`�"�Ge��b4"8�,?�'&��$�t&�IL�`D��Q�%1CX�f! Australian guardianship law is the key regulatory mechanism for protecting the health of people with mental illness. Please call (269) 383-8666 to schedule an appointment. Mental illness, Developmental disability that started as a child, Physical impairments, or; Trouble controlling behavior that puts one's self and family at risk of harm. A guardianship proceeding is initiated by filing a Petition for Guardianship with the probate court, which sets forth the reasons that a guardian is needed for an individual. Before beginning the process of becoming a guardian of a mentally ill person, you need to establish what type of guardianship you are seeking. When an individual is impaired by reason of: Mental illness Mental deficiency ; Physical illness or disability As guardian, you have been given control over certain or all aspects of the person's life. Guardianship of an Individual with Legal Incapacity. When May A Guardian Be Discharged Or Have his/her Duties Modified? h��S]KQ~�|�q]kV��e[�e�E�$(F��d�p%F endstream endobj 2168 0 obj <>/Metadata 268 0 R/PageLayout/OneColumn/Pages 2140 0 R/StructTreeRoot 303 0 R/Type/Catalog>> endobj 2169 0 obj <>/ExtGState<>/Font<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 2170 0 obj <>stream The Legal Advocacy for Adults with Mental Illness (LAAMI) Program helps people living with, or at-risk of developing, mental illness address legal problems through a combination of legal and social work assistance. This handbook focuses on guardianships for adults under the Estates and Protected Individuals Code. ��Rt�FeUXQ9R�]jΈ;sc��r��q�5Ʒ�kFo��=gM�P(�?L�9x��0(�'�A��0�G�i�o��a]�k�fk�/M�)=G��T��|4�Т�Q�y�y�$(zE[�=#��|ρ�}��}�sM�]��p��E *%4@�k�JÃ>QOF/I��V�>O93RB��2�Br2��m��\��-��v�_�ӏH�i J[sN��_��L�`��9�'��*�O�O�'GG~� By Jadranko Tomic- Bobas, J.D., Managing Hotline Attorney; Julia Miller and Emilee Evans, Elder Law of Michigan Interns. guardianship for adults with mental illness. Guardianship is obtained through a court proceeding and granted by a judge. endstream endobj 2171 0 obj <>stream In Indiana, an adult can petition the court to become the guardian over another person, who can be either a child or an adult. A prospective Guardian may be nominated by petition (filed with the Probate Court) or may be named in a will. For instance, under the Michigan Mental Health Code, Chapter 6, the probate judge can confer general fiduciary financial authorities (“guardian of the estate”). The book includes certain court forms used in guardianship proceedings and makes reference to others. A … Adult guardianship. Like every state, Michigan fails to meet this minimum standard. Petition for Guardianship in Michigan. We will guide you through the … Filing for an adult Guardianship can appear daunting at first. Guardianship of an Individual with Legal Incapacity. Anyone, including the adult, may file a petition to terminate the guardianship or conservatorship or to have a different guardian or conservator appointed. See Leslie Salzman, Rethinking Guardianship (Again): Substituted Decision-Making as a Violation of the Integration Mandate of Title II of the Americans with Disabilities Act, 81 U. Á Your Guardian can decide things for you, like where you live. 1 #28754691_v1 I. INTRODUCTION1 Mental illness is a serious problem, with some studies estimating nearly a quarter of all adults in the United States suffered from mental illness in the past year.2 Despite the prevalence of mental illness, many of those afflicted are unable to … When is a guardianship necessary? In addition, guardianships in one state may or may not be honored if your loved one is hospitalized in another state. Incapacitated person defined as any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to Michigan has enacted certain legislation which will affect Guardianships and Conservatorships for adults. 2167 0 obj <> endobj �3�T@��!��+� :�-��I�s��%��δunpX�r�OiR L�j=k�{�[��"�%��H�@" F1��R��'��`��`�"a��w"%Hks��" �� ,# g�:X��'�e��"�¶�Α��o�C��iKXG9�B�Z��9"� � �wn�a�ǄE?�{hKX�".�v��$�껀U�/Gf��Xv�h��0�#q��9��|��tD�Z�v��'�,�� `�,��C�n�/H,�,٘^o�_V�:�eX Visiting the Court If an adult suffers from a developmental disability, somewhat different provisions of the Mental Health Code apply. 0 By Martha C. Brown, CELA When someone is living with severe mental illness, the process of obtaining guardianship can be particularly complex. "�7Qa3p��!Zs�]Nttwm�S�IC��]9��?��z�$�5�G�%�n�ɏ��L�T:�:N�.z�'��B�z�f�5%�X��ݩ�Ꮭ�C&��p�_Y/�.k�:އF[}摗�7�a͆��9̦�]sQ��K��h��C�x_��$T��s��62��[�]@��yU �[o�0�C)�V�fΥJ�k5��KMS�c��~Xk��0��낵ON3�ffj��YWԯ)��$��3#&k��~��t��=�d�+Č�pK��͆c�L��LS�U2"Ҽ�� >�E�g&SȢ|��8fhÁ0��:N��ʀ��*#sR/Z�(xe��)��;� ��:�QH�ء1VU^�()�3��)-�1b�\��TRC@�Y^|�r��(2�x�T ��7S��fzF��VDeh�Us,�^jV@�\��T>Ͻ5 �I�T��[5gѳ� Free Consultation: 248-663-2566 Contact@PatrickLegal.com When you go to create a guardianship for a mentally disabled adult child, you need to make sure the person chosen meets the requirements. Guardianship generally A guardianship is a relationship where one person (the guardian) is appointed by the court to make decisions for another person. Guardianship gives you the legal right to make decisions for a parent or loved one with Alzheimer’s or dementia. If someone can get the supports and services they need and want with the help of family and friends, there is no need for guardianship. h�bbd``b`9$;AD�`�Q@B��qC��Q�DT �@�IHd&201r�Y��0 �2* A Guardian is a person who is given Probate Court authority to be responsible for the personal and physical well being of an adult who is called a Legally Incapacitated Individual (LII).The Guardian has the same powers and duties over that LII as parents have over their children. What is Guardianship, and What Rights are Conveyed? μ��{��#��*�K|aV\�iB_Q��ű��̙y5�$�F�LE��FQ��K��r�B�c��m�/�,)�%|Z�&Y�Tq=�W��b��N?�.��E8��{㙆� �Lw'�Ő�߁��~�� Ez�PQB�=�c�%�}o�g�֑�Ҭ�t"�/Y�v��w�"gt�,T8��{5�a�V��(�}_5� r�qȅ�oɠ�ٗ��3dp\�(mq�"��Y8fPU&t��O�T��`�B��@�H2 L�h��&��k)(�`�)��2I��Dg�M��9m-��t��3��y�� x��S��|�3��|~Ff��0Ը�qt~�Ӡ�q ��O�V0�lk=? Apply for Case Manager and other jobs at Nonprofit Jobs and Careers! A minimum of 50 beds per 100,000 people is considered necessary to provide minimally adequate treatment for individuals with severe mental illness. :��u�Rtv@|��A�G��v��($�]|�u��r9��%��dU#]?W�`>%��`� ۝��ȥU��A� �#2�&ág!��T�@鴛)��-Q_��pk�)N��#��y� %��\�:QpL(Qp\��M"2^�~[��j�|~�� 7� The person making the petition is referred to as the “guardian,” and the person over whom guardianship is being sought is referred to as the “ward.” … Mental Illness and Guardianship in Arizona. The Arc Michigan Rethinking Guardianship Resources; Local Arc Chapters; Michigan Guardianship Law; Probate Information Guardianship ; National … A Washington state senator who says he’s heard from “literally hundreds of parents” of adult children who are struggling with mental illness or addiction wants to allow families to petition for temporary guardianship. Not every person with a mental illness is mentally incompetent. A guardianship is a crucial legal tool that allows one person or entity to make decisions for another in the event that they become mentally or physically disabled. … 1-866-365-3231 Read more about this and related topics at FindLaw's Guardianship Overview section. For that reason, it is important to look at alternatives. It is essential to thoroughly familiarize yourself with the relevant laws in your state to determine whether they are suitable for your loved one’s circumstances. There are two types: General guardianship (also known as plenary guardianship) Limited guardianship; General guardianship will be appropriate if the mentally ill adult is incapable of … This handbook focuses on guardianships for adults under the Michigan law known as the Estates and Protected Individuals Code. A guardian is someone appointed to make legal decisions for another person (called the ward). A major goal of the guardian is always to try to restore the individual with a developmental disability to independence. There are 2 types of guardianship of adults: Guardianship of the person; Guardianship of the estate; To become a guardian, a person must: Be at least 18 years old; Be a U.S. resident ; Be of sound mind, … Become a guardian so you can make personal decisions for an adult who needs help. The law states that a guardian may be appointed if a court determines that a person is an incapacitated individual. Appointment of a Guardian Ad Litem Guardianship is a process that allows for one person, a “guardian,” to make decisions for and ensure the care of a person and their limited assets when that person is unable to do so themselves (MCL 700.5314). But when an adult child suffers from a mental or physical illness or handicap that prevents her from being able to care for herself, she may remain with her parents under a guardianship order. Probate Court offers an intake process to begin a pro per (without attorney) guardianship case. In most cases, the individual's parents must petition the court for legal guardianship of an adult child. SERVING AS A GUARDIAN FOR AN ADULT WITH DISABILITIES Serving as a guardian for a disabled adult age 18 and older is a serious responsibility. As guardian, you have been given control ... ity, a mental illness, a developmental disability, a gambling or drug addic-tion, or fetal alcohol syndrome.
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