There are times when children need someone other than their parents to look after their best interests. Likewise, sometimes adults need someone they can look to for decisions that will safeguard their interests. At our Birmingham Offices, we have helped families in Oakland County, Wayne County, Macomb County and throughout Michigan establish proper guardianships and conservatorships for the past 15 years. By assisting these families, we ensure that their loved ones receive the help and assistance they need.
Guardianship in Michigan is defined as the appointment by a probate court of an individual, known as the guardian, to make decisions on behalf of another, referred to as the ward. Guardians are generally appointed when the ward is unable to make appropriate decisions because they are either incompetent, incapable or are a minor child. Someone may be designated guardian of the person to manage personal affairs and health care, or guardian of the estate to manage the finances, or as guardian of both the person and estate. Usually the guardian is a family member or an attorney. Attorneys at Fedor Camargo & Weston have regularly served as guardians for individuals in the greater metro Detroit area. We have also assisted individuals seeking to be appointed as guardians for their loved ones by filing petitions on their behalf.
Once a guardian is appointed, his or her actions will be reviewed to ensure that the ward's best interests are being protected. To that end, the probate court acts as the ultimate guardian by overseeing the guardian's actions, ensuring that the ward's best interests are protected and by taking the steps necessary to continue a successful guardianship for so long as one is required.
When parents are unable or unwilling to care for minor children, others often have to step into the breach: grandparents, aunts, or uncles, for instance. The attorneys at Fedor, Camargo & Weston, PLC can make sure that these kinds of relationships are recognized under the law.
Conservatorship consists of the appointment by a probate court of an individual, known as the conservator, to act on behalf of another adult who is competent but physically infirm, otherwise known as the conservatee. The person who is physically infirm must consent to the appointment of the conservator and will determine what responsibilities the conservator will have. Attorneys at Fedor Camargo & Weston have regularly served as conservators for individuals in Michigan. We have also assisted individuals seeking to obtain conservators.
As with guardianships, the probate court will oversee the conservator's actions, in accordance with probate law, to ensure that the conservatee's best interests are being served.
Attorneys at Fedor, Camargo & Weston, PLC can petition a court and guide our clients through the guardianship and/or conservatorship processes. These processes can include hearings on evidence to determine the capacity of the vulnerable adult in question. There are a number of reasons why a guardianship or conservatorship proceeding might become contested in Michigan. For example, the ward or conservatee might not feel that he or she requires a guardian or conservator. The qualifications of a particular guardian or conservator might be challenged. For example, different factions from the same family might have disagreements over who should be appointed as a guardian or conservator.
Because guardianships and conservatorships fall under the general probate court rules in Michigan, it is important that your attorney be well-versed in the nuances of probate litigation. It is not enough to simply know general rules of litigation, but your attorneys must understand the special rules that govern contested guardianships and conservatorships. Our attorneys have extensive knowledge in this area, having represented clients in these types of proceedings throughout Michigan's probate courts.
We take personal interest in each client. Our profound sympathy for your unique legal and human situation is one of the many positives that sets our firm apart from larger, more impersonal practices. We insist on consistently keeping you informed about the sometimes imposing and confusing legal process, while answering all of your questions at every juncture of your case. When it comes to such delicate and important issues, such as the appointment of a guardian or conservator, the need for this personal attention to your issues cannot be overstated.
© Fedor, Camargo & Weston PLC
Mr. Weston really appreciates his clients and understands their specific needs. He is a great asset to have on your side.
Matt Fedor helped my family and I out with a very sensitive issue. His knowledge, compassion and willingness to listen made us feel confident that we were in the right hands.
When my business was served with a lawsuit, Mr. Camargo listened to my issues, filed the appropriate legal response and quickly achieved a great result.
Fedor, Camargo & Weston PLC serves clients throughout the state of Michigan. FCW is a full service Estate Planning Law Firm specializing in fundamental estate planning, wills & trust planning, powers of attorney, elder law, Medicaid application & qualification, long-term care planning, probate & estate administration, probate litigation, civil litigation, estate & trust litigation, Medicaid crisis planning, special needs & disability planning, veterans benefits, Aid & Attendance qualification, charitable planning, estate tax planning, business succession and sales, and asset protection. FCW serves individuals, families and business owners throughout the Birmingham, Bloomfield, and Troy, Michigan areas, and all throughout the state of Michigan. Google+