Guardianship Question

MI

My grandfather has developed severe dementia. He has three children, two of which live in the same state as my grandfather and the other lives out of state. The out of state son wants to be named guardian of my grandfather and move him down to where he lives. He actually has a guardianship hearing next week.

I have a couple questions – What does guardianship entail? Control of his healthcare and finances? If the financial duties are separate would one of the other children be named conservator? Second, initially the other two children were fine with the third being named guardian, but recently there has been some pretty severe disagreements over my grandfather’s care and whether to sell his home, etc. What recourse does the other two have in this situation, can they contest the guardianship at the hearing?

Michigan laws relating to Guardianships and Conservatorship of incapacitated persons are particularly complex and somewhat unlcear as to the separate roles and powers of a guardian and a conservator.

So I think it best that one or more of the local family members get together with a Michigan attorney familiar with them and consider one or more filing a counter application for appointment as both the guardian and conservator.

Although the Michigan statutes would permit the son, if appointed, to move the ward out of state, I’m reasonably confident that the court would agree that such a dramatic change in his environment would not be in his best interests. Plus as you indicate the son’s motives are somewhat suspect.

Also before such an appointment can be made the court must appoint a guardian ad litem to represent the interests of the incapacitated person. You make no mention of such an appointment, so perhaps the son’s application is not as complete as he may be assuming.

But this and other considerations need to be addressed by your attorney. And remember the adage, “Snooze and you lose”.