If you have a tutor and want to make more decisions yourself, there is a way to do it. You can ask the court to end the guardianship, or you can ask the court to change the guardian`s powers. You can also ask the court to give you another guardian. You can simply write a letter to the judge or file a formal request with the court. You can find the forms at the links below. Most people with disabilities are able to take care of their own lives without a guardian. Since guardianship deprives people of their rights, it should rarely be used. Disability Rights Michigan recommends using alternatives to guardianship, which are described below. Since guardianship deprives a person of their right to be accommodated and supported, it should only be used when necessary. Depriving them of a person`s rights makes them more vulnerable, not less. For this reason, it is important to look for alternatives. A trust is a legal tool that holds a person or organization (such as a bank) responsible for another person`s money.
If money is the main reason to think about guardianship, a trust may be a good alternative. When properly designed, a trust gives parents or others a place to invest property or money so that it can be managed for the benefit of the person. Since the person does not own the trust property or money, the trust generally has no influence on eligibility for government benefits such as ISS. Trusts are complex tools that should be individually designed by an experienced lawyer. Some county probate courts have a program to resolve disagreements over guardianship. You will need to check with the probate court that issued the guardianship documents in your case to see if they offer such a program. You or someone else who cares for you can ask the court to change your guardianship. You or someone else can ask the court to revoke your guardian, appoint another guardian, change the details of your guardianship, or terminate your guardianship. You can ask the court to do this in an informal letter to the court or judge. Sometimes the first order made by the court to appoint a guardian for you states that under that order, there is a certain period of time (which cannot exceed 182 days) during which you cannot apply to change or terminate your guardianship without special permission from the court. [17] You have rights when someone asks the court to appoint a guardian. If you are under guardianship, you also have the right to request that the guardianship be changed or terminated.
Guardianship is a court order that allows one person to make decisions for another person. There are two types of adult guardianship in Michigan. The first is for people described as “people with a legal disability” and the other is for people with an intellectual or developmental disability. (Michigan law also provides for “guardianship,” which is like guardianship, except that it only gives one person control of another person`s property, assets, and money.) While a continuing power of attorney can help ensure that your wishes are respected if you lose capacity and can be a good alternative to guardianship, a continuing power of attorney can also be used to abuse or exploit you. Therefore, it is important that you only appoint someone with a standing power of attorney as an agent you fully trust. [6] MCL §§ 700.5506, 700.5507, 700.5508, 700.5509, 700.5515; Living wills: Planning for medical care in the event of loss of decision-making capacity. Bradley Geller, Michigan Long-Term Care Ombudsman. www.michigan.gov/documents/miseniors/Advance_Directives_230752_7.pdf If a person`s only source of income is SSI, Social Security, or another federal benefit, a representative beneficiary may be a useful alternative to guardianship.
A representative beneficiary is a person who is given the authority to receive and administer federal benefits for a person who cannot administer the benefits himself. To do this, an application must be submitted to the Social Security Administration or another federal benefits agency such as the U.S. Department of Veterans Affairs. Publication is required for persons whose address or whereabouts are unknown. The law journal fee (currently $96.05) will be paid to Detroit Legal News when the petition is filed. For more information on publication, please contact: Your guardian`s duties and responsibilities flow from the guardianship order made by the judge when your guardian is appointed. You should review this order to get information specific to your situation, but usually, your guardian in full guardianship has the duties and responsibilities discussed here. Patient Advocate designations are the only legal documents in Michigan that allow you to appoint another person to make medical treatment decisions for you. A financially ongoing power of attorney does not give the officer you named in this document the authority to make medical treatment decisions for you. [7] On the other hand, appointing a patient representative does not give the person you appoint the general authority to manage all of your property and finances (although you can give your patient advocate the power to arrange medical and personal care services for you and pay for those services with your money). If you want to appoint someone to take care of your property and financial decisions when you can`t do it yourself, consider creating a standing power of attorney for finances. [8] If someone applies for guardianship over you, you can consent to the guardian being appointed, or you have the right to say NO to the guardian`s appointment.
As mentioned above, the court can only appoint a guardian for you if you are “unable to work” and the appointment of a guardian is necessary to continue to care for and supervise you. If there is an alternative to guardianship that eliminates the need for guardianship to continue to care for and supervise you, the court should not appoint a guardian for you. Michigan Guardianship Act, MCL §§700.5301 – 700.5319. Before the hearing, the court may order that you be examined by a doctor or psychiatrist. The person assessing you will write a report about your health, condition and abilities and give it to the court before your hearing. You and the person seeking guardianship can see a copy. You have the right to ask someone else to do an independent assessment of your skills. If the court decides you can`t afford to pay for an independent assessment, the state will pay for it.