When an individual is no longer able to care for their personal needs or make medical decisions, it may be necessary to have a guardian appointed to take over these responsibilities. Taking on the guardian role is a serious undertaking and the person serving in this capacity will have specific duties to the individual.
What is a Guardian?
A guardian is a person whom a probate court appoints to manage another individual’s or “ward’s” care. Their responsible for ensuring that the ward’s living environment is safe and adequately meets their needs as well as overseeing their medical care and treatment decisions.
What are the Guardian’s Duties?
To protect the ward and ensure that the guardian is performing their role in the ward’s best interest, Michigan law specifically requires that the guardian perform specific duties. Some guardian duties are as follows:
- To decide where the ward will live and to see them within three months of their appointment and at least every three months after that.
- To make provisions for the ward’s care, comfort, and maintenance and, when appropriate, arrange for the ward’s education and training.
- To secure services to help restore the ward to the best possible state of mental and physical well-being so that the ward can return to self-management at the earliest possible time.
- To take reasonable care of the ward’s furniture, clothing, vehicles, and other personal effects and start a legal proceeding if the ward’s property needs protection.
- To start a legal proceeding if the guardian believes that it is in the ward’s best interest to sell or otherwise dispose of the ward’s real property or interest in real property.
- The guardian must report the condition of the ward’s possessions and estate to the court as required by the court but at least annually.
- The guardian must also provide a report to the court and other interested parties which includes information on several issues such as the ward’s health, social, mental, and, living conditions, medical treatment, and recommendations regarding the living arrangements.
The guardian will be required to fulfill these and other duties during the guardianship. When examining guardianship duties, it is clear that the law requires that guardians be accountable to their ward and the probate court. These requirements are in place to protect the ward and their interest.
Guardians have numerous duties to their wards which are vital to protecting their well-being and interest. Our office has attorneys who are experienced with guardianship law and can help you understand the guardian’s role and their responsibilities. Please contact us online or by phone if we may be of assistance.