Guardianship Attorney in Detroit

Types of Guardianship Under Michigan Law

Michigan probate courts recognize three categories of guardianship, each applying to a different situation and governed by different statutes.

• Guardianship of a minor covers children whose parents are unable or unavailable to care for them. The court orders an investigation before the hearing.
• Guardianship of a legally incapacitated individual applies to an adult who lacks sufficient understanding to make or communicate informed decisions due to mental illness, physical illness or disability, or chronic substance use. This category is governed by Michigan’s Estates and Protected Individuals Code.
• Guardianship for a person with a developmental disability follows Michigan’s Mental Health Code rather than the Estates and Protected Individuals Code, reflecting distinct procedural requirements.

Before approving a full guardianship, Michigan courts must consider a limited guardianship, which grants fewer than full powers over the ward. That requirement exists to preserve as much of the individual’s autonomy as possible.

Guardian vs. Conservator: Understanding the Difference

These two roles are often confused. A guardian is responsible for a person’s health, welfare, and personal care decisions. A conservator manages financial and property matters. One person can hold both roles, but the court appoints them separately. Families dealing with an aging parent or an adult child with a disability often need guidance on which appointment is actually required, and sometimes only one is necessary.

How Guardianship Proceeds at Wayne County Probate Court

Guardianship cases for Detroit-area families are filed at Wayne County Probate Court. The process differs depending on whether the petition involves a minor or an adult.

For adult petitions involving a legally incapacitated individual, Michigan law requires the court to appoint a guardian ad litem, an independent attorney who meets with the proposed ward and reports to the court before the hearing. For minor guardianship petitions, the court orders a separate investigation. Hearings at Wayne County Probate Court are currently conducted by Zoom, and the petitioner must attend or the petition may be dismissed.

We handle filing, preparation, and hearing representation, drawing on our ongoing work in trust and estate administration at Wayne County Probate Court. After appointment, a guardian for a legally incapacitated adult must file an annual report with the probate court on the ward’s condition. We help clients understand those continuing obligations from the start.

Working Directly With Our Detroit Guardianship Attorneys

At Hubbard Snitchler & Parzianello, clients work directly with our named partners: John A. Hubbard, Mark M. Snitchler, and Eric A. Parzianello. There are no junior associates handling your matter while a partner remains out of reach. Our attorneys bring more than 50 years of combined experience in estate planning and administration, and we’ve helped numerous Metro Detroit families protect loved ones from financial exploitation and care gaps.

The firm holds an AV Preeminent peer review rating from Martindale-Hubbell and has earned recognition from Super Lawyers, D Business Top Lawyers, and Leading Lawyers. Because our practice also covers trusts, wills, durable powers of attorney, insurance trusts, and conservatorship proceedings, a guardianship matter doesn’t sit in isolation. When it intersects with broader incapacity planning or Medicaid planning, we’re already positioned to advise on the full picture.