You can make a durable power of attorney effective immediately, or only upon your disability. It is, in essence, a financial permission slip.Ī durable power of attorney continues in effect even if you become incapacitated. You can avoid guardianship and conservatorship by executing a durable power of attorney and patient advocate designation.Ī power of attorney is a written document in which you delegate to another person, your agent, or attorney-in-fact, financial and medical responsibilities.

Guardianship and conservatorship are sometimes referred to as a “living probate” because of the bureaucracy and cost involved. Guardianship and conservatorship were designed to protect those who cannot protect themselves. However, without proper planning, a court will make decisions for you if you cannot make your own decisions. Many believe that if they are incapacitated, a spouse, child or relative can automatically act for them. Guardianship and conservatorship can be costly, time-consuming, and unduly restrictive. They must seek court approval before engaging in certain transactions. Guardians and conservators must file accountings with the probate court. Guardianship and conservatorship are court-supervised proceedings by which an incapacitated person’s affairs are handled. A court can grant a guardian power to make healthcare decisions, to determine where an individual should live, to receive money belonging to an individual and use it for their care.Ī conservator is appointed by the court to handle investments and other assets of an individual who cannot effectively manage them. A guardian is appointed when an individual is unable to make informed decisions independently, and a guardianship is necessary to provide continuing care and supervision of the incapacitated.

Guardianship is a court procedure by which a person is given the responsibility to make decisions about the care of another individual. Michigan Durable Powers of Attorney and Patient Advocate Designations are Alternatives to Guardianship and Conservatorship

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