Category: Guardianship

THE DIFFERENCE BETWEEN A GUARDIANSHIP AND A CONSERVATORSHIP

Michigan residents may have often heard references to guardianships and conservatorships and assume that they are similar or even the same. That is actually not so. While both a guardianship and a conservatorship can protect the health and welfare of an incapacitated adult or child, each focuses on specific rights and responsibilities. Understanding the difference between the two is important before seeking one or the other.

The Institute of Continuing Legal Education website indicates that a conservatorship pertains specifically to financial and asset management. It is not related to any care needs of the minor or adult. A conservator may make decisions on behalf of the ward for issues related to real estate, bank accounts, stocks or other investments, insurance policies and the like. This person must adhere to standards similar to that of a trustee.

AccessKent.com explains that most forms of guardianship provide actual care for a disabled child, an incapacitated adult or other person in need of care but unable to care for themselves. A guardian at litem is slightly different insofar as this is set up in order to provide legal representation for another party. Guardianships that intend to set up direct care of another party can be created for a minor or an adult. They can be implemented to cover emergency or temporary situations or designed to be permanent. A guardianship can also dictate very specific power that will be allowed instead of offering full control.

There can be many reasons that lead someone to pursue a guardianship or a conservatorship. Knowing what each of these can do up front will help to make the process easier.

WHAT TYPES OF GUARDIANSHIPS FOR MINORS DOES MICHIGAN LAW PROVIDE?

A legal guardianship can protect the health and welfare of a minor when parents are unable to do so for various reasons. The State of Michigan’s published Child Welfare Law document outlines the different types of guardianships for minor children. Understanding some of the parameters of these different forms of guardianships is important for anyone looking to help a child or children in this way.

Many people commonly assume that when a person has guardianship of a child, the parental rights have been terminated. That is not necessarily so in all cases. A limited guardianship, for example, simply suspends parental rights. It also requires the consent of the parent or parents. In a limited guardianship, a placement plan is created that outlines the rights and responsibilities of the guardian and the parent. This includes visitation time, financial arrangements and more.

A general guardianship is more broad-reaching and can be granted when parental rights have been terminated. It can be obtained without the consent of the parent or parents of the children involved. Parents, relatives, friends and even personnel from the state Department of Human Services can petition for a general guardianship. Child support and parenting time can be part of these situations.

Probate courts can provide temporary guardianship for periods of up to six months. A child in need of urgent healthcare could be reason for this form of guardianship to be established. This information is not intended to provide legal advice but general information about the types of guardianships available for minors under Michigan law.