Legal Question in Elder Law in Michigan

Guardian Inquiry

I am currently the legal guardian for my Mother who suffered two strokes. Under what circumstances would I be removed legally as her guardian. My aunt (her sister) who lets just say has an agenda thinking she is going to take over this ''position'' and used a ficticious call from a lawyer that has NEVER contacted me personallyabout such matters. I make it a point to follow the guidelines set by our courts as well as just plain take care of my Mother. And the same question applies to court appointed conservatorship, I send in my annual reports and balance, nothing out of the ordinary nor disallowed, as stated her sister has an agenda and I think is trying to talk my mother into changing everything. I know that being her guardian she cannot now write a will, and my aunt is seeing $ signs if shes in this position.


Asked on 9/06/06, 9:52 pm

1 Answer from Attorneys
Sanford Mall, JD, CELA Mall Malisow & Cooney, PC

Re: Guardian Inquiry

Generally:

1) A fiduciary can be removed by the Court for cause (failing to do the right thing) and / or a showing that he or she is otherwise not capable of providing the needed protection for the vulnerable person.

2) If an incapacitated person tells the Court that he or she prefers a specific person to serve - it may sway the Court's opinion.

3) Creation of a testamentary plan for an incapacitated person is possible through the Court.

Did you use the services of a lawyer when you were appointed as Guardian and Conservator for your mother? Is so, I suggest you go back to that person and ask these questions. If not, I suggest you contact a qualified attorney who has experience in these matters.

Read more
Answered on 9/08/06, 12:29 pm


Related Questions & Answers

More Elder Law questions and answers in Michigan