|
Probate can be simply described as a means of transferring title to property. Obviously, once a person dies, that person is no longer able to transfer title to property titled in their name. Probate is a procedure for transferring title to the decedent's property to the persons entitled to it. In Michigan, this process is carried out by the Probate Court. The Michigan Probate Court also handles other tasks beyond handling a person's estate when they die including: guardianships (adults and minors), conservatorships (adults and minors) and involuntary commitment of the mentally ill.
In Michigan, the probate court has exclusive jurisdiction over guardianships and conservatorships, meaning that it is the only court in Michigan that can handle such matters. The probate court may appoint a guardian or conservator of a minor or a guardian or conservator of an adult. The probate court must determine whether a guardianship or conservatorship is legally appropriate and who should serve as the guardian or conservator. The probate court may also appoint a guardian for a developmentally disabled person under the Michigan Mental Health Code. If a person is a developmentally disabled person, any guardianship must be pursuant to the mental health code and not the probate code.
A guardian is a fiduciary who makes personal decisions for an incapacitated individual. A guardian of the person or guardian of the estate may be appointed for a developmentally disable person. The guardian of the person corresponds to a guardian of an adult under the probate code and a guardian of the estate corresponds to a conservator under the probate code. A conservator is a fiduciary who makes financial decisions for a protected individual.
When an individual has not put a plan in place which gives another person the ability to make health care and/or financial decisions for them, our attorneys can be of assistance. In Michigan, the probate courts have exclusive jurisdiction over guardianship proceedings. Our attorneys can advise you on the need for guardianship, assist you in a petition to the court to obtain guardianship, advise you of your role and obligations as guardian if appointed and assist you with the annual reporting requirements to the court.
Determining whether legal counsel is right for you and your matter can only be done through personal contact. Initial meetings are always at no charge.
Ideally, it is important to handle these matters as soon as possible. Contact Wease Halloran to schedule an appointment to discuss your particular circumstances. |
