Legal Question in Elder Law in Michigan

Guardian for Incapacitated Individual

Case is before probate court who has appointed a temporary guardian and a court appointed guardian ad litem. Which one has the authority over the incapacitated individual in question and his affairs pending the final guardian appointment.


Asked on 9/16/05, 9:36 pm

1 Answer from Attorneys

Gregory J. Roth Gregory J. Roth, PLLC

Re: Guardian for Incapacitated Individual

The temporary guardian has the direct authority. The guardian ad litem (who is usually an attorney) is appointed by the court to protect the "best interests" of the alleged incapacitated individual. The guardian ad litem reports to the presiding judge. Keep in mind that the court has continuing authority over the guardianship both during the proceedings and even after the guardianship is in place. -GJR

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Answered on 9/19/05, 9:45 am


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