John Lennon once said, “Life is what happens while you were making other plans.”Guardianships or conservatorships, by contrast, are what happens when you don’t make any plans at all.  Ideally, a client will have planned appropriately for Medicaid acceptance and created durable powers of attorney for those individuals they want to be responsible for their finances and any medical decisions in the event he or she becomes incapacitated.  If those plans and instruments are not in place, your family members may have to petition the court for a conservatorship or adult guardianship.  The court will then appoint a person to be responsible for your medical needs and decisions, called the “guardian”; and also your finances, called the “conservator estate”.  Both roles may be filled by the same person.

A conservatorship is a last resort.  They are expensive to create and equally expensive to maintain, however this may be the only option available to a client if they have not done advanced planning.  Northern Michigan Elder Law can work with you, or your family, to protect everyone’s interests during a guardianship or conservatorship.

GUARDIANSHIP

Knowing when to step in and seek guardianship of a loved one is a difficult but necessary decision.  Northern Michigan Elder Law will assist you in planning for and if necessary, preparing the necessary documents to file with the court.  We will also help you file your annual reports that are required when a guardianship is established.

Northern Michigan Elder Law will help you determine which type of guardianship is best for your situation, or if there are alternatives that will give you the help and authority you need to assist those you love.

Applying for Medicaid can be beneficial in paying for nursing home care or the MIChoice Waiver Program which will provide in-home support services so that your loved one can remain at home as long as possible.  We can assist you in applying for Medicaid as well as the annual renewals.

CONSERVATORSHIP

MINORS AND ADULTS

ADULTS:

Knowing when to file or if you need to file for Conservatorship can be a stressful and confusing decision. Northern Michigan Elder Law will help you determine if a conservatorship is necessary, or if there are other alternatives that will give you the authority you need to take care of daily tasks that have become difficult for your loved one.  We will assist you in planning for and if necessary, preparing the necessary documents to file with the court.  We will also assist you in filing the annual reports that may be required by the court once the conservatorship is established.  Protecting assets in the event that Medicaid needs to be applied for is what we do.  If Medicaid is already involved, we can review the situation to see if any of the assets can still be protected.

MINORS:

There are certain times when a minor receives money, such as an inheritance, the minor is a beneficiary on a life insurance policy, or a settlement from a personal injury claim.  That will require a conservatorship be established if the amount is $5,000.00 or more.  We will also assist you in filing the documents with the court.  Once the conservatorship is established we will assist you in filing the annual reports required by the court.

CONSERVATORSHIP vs PROTECTIVE ORDER (MINOR)

If a minor is to receive money through an inheritance, personal injury claim, or as a beneficiary of a life insurance policy, for example, sometimes a protective order will be more beneficial to protect this money for their future.  A protective order will also eliminate annual report filings with the court if the petition for protective order and the structured agreement is approved by the court.  The structured agreement (such as an annuity) must show that the money will not be accessible by any party until the minor reaches the age of 18.