Law & Legal & Attorney Family Law

Guardian Rights for Developmental Disabilities in Michigan

    Plenary and Partial Guardians

    • There are two primary types of guardians of the disabled defined under Michigan law. Plenary guardians possess nearly all the legal rights of their wards, while partial guardians have only some of those rights and their wards maintain some legal control over themselves.

    Standby and Testamentary Guardians

    • Standby guardians hold no legal rights over the ward unless there is an emergency situation where the plenary or partial guardian cannot fulfill his or her duties. Testamentary guardians are appointed by a widowed parent of a disabled child to render assistance.

    Duties of a Guardian

    • All plenary and partial guardians are responsible for the care, custody and control of their wards.

    Limits of Guardianship

    • Guardians may not vote for, determine the religious preference of, physically punish or write a will for their ward. They also may not engage in financial decisions regarding a ward's estate unless they are appointed as a conservator of the estate.

    Documentation for Court Appointed Guardians

    • Court-appointed guardians must annually document their wards living conditions, mental and physical conditions, any treatments or vocational situations they enter, and any transactions made on their behalf in the case of conservatorships.

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