Options You Should Know Before 
Filing a Petition for a Full Adult 
Guardianship

  Sometimes adults need help taking care of
themselves and making decisions. Michigan
 
 
law allows a judge to appoint a “guardian” of an
  adult in certain situations where help is needed.

  A court-appointed guardian can make decisions
 
for the person who needs help. The judge will
  determine what decisions the guardian can
  make.

  A guardian might be able to decide:

•     where the person lives
•     what medical care the person should  
        receive
•     who will care for the person every day

  There are many things you should think about
  before you file a petition. If at all possible, the
  adult who needs help should talk to a lawyer to
  help figure out what is best for him or her.

  There are options other than a full guardianship.
  Not all the options will work for everyone.
  Some of them will only work if the person is
  still able to make decisions. Some depend on
  what help the person may need. A few of these
  options other than a full guardianship are briefly
  described here.

  Conservator

  A conservator is appointed by a judge to take
  care of another adult’s finances and assets. A
  conservator is not expected to use his or her
  own money to support the adult needing assis- 
 
tance. The court can also limit a conservator’s
  authority to certain kinds of decisions for the
  adult. The consevator:
•     manages assets
•     pays the bills
•     makes general financial decisions for the  
        person

Durable Power of Attorney

An adult can choose to appoint someone to
take care of his or her finances through a financial
“durable power of attorney.” The adult must be
of sound mind to sign this document. He or she
can:

•   limit when this document is effective
•   limit what the appointed person can do

Because a durable power of attorney can be
complicated and can give away a great deal of
power, it is best that the adult seek the help of
a lawyer to prepare it.

Health Care Power of Attorney

You will sometimes hear this called a “patient
advocate designation” or a “durable power of
attorney for health care.” It is a document an
adult can sign that gives someone else the
authority to make care decisions when he or
she is not capable. Those decisions could be
about:

•   health care
•   mental health treatment
•   living arrangements

The adult can give the “agent” or “patient
advocate” as much or as little authority as the
person wants. This can include authority to
withhold or withdraw life support services. The
adult must be of sound mind to sign this document
and must decide he or she wants it.

Because this document can be complicated
and can give away a great deal of power, it is
best that the adult seek the help of a lawyer to
prepare it.

(See Second Page)

PC 666 (2/18) Approved, SCAO   Do Not Resuscitate Order

Filing a Petition for Full Adult Guardianship

To  ask  that  a  guardian  be  appointed  for  an 
adult,  a  Petition  for  Appointment  of  Guardian  of 
Incapacitated  Individual  (PC  625)  must  be  filed 
with  the  court.  A  judge  will  appoint  a  guardian 
only  if  the  condition  of  the  adult  fits  specific 
requirements. The specific conditions that must be 
met are found in form PC 625, which is available at 
your local probate court or at www.courts.mi.gov/
formssearch.

 
If the adult is an inpatient at a hospital, his or
  her wishes regarding resuscitation should be
  discussed with his or her physician as soon as
  possible.

If the adult is not in a hospital, he or she can

 
  sign a document that will refuse CPR (car-
  diopulmonary resuscitation). This document
is known as a “Do Not Resuscitate Order” or
 
 
“DNR.” The adult must be of sound mind to
  sign this document.

Physician Orders for Scope of Treatment  
(POST) Form

  An adult can work with his or her attending  
  health professional to complete a document that 
  will specify types of medical treatment that are 
  permissible. This document is called a physician 
  orders for scope of treatment (POST) form.  

  A POST form contains medical orders that are  
jointly agreed to by the adult and the attending  
 
  health professional or a patient representative  
  and the attending health professional. A POST  
 
form is not intended to be used as a stand-alone  
  advance health care directive. The adult must  
  be of sound mind to sign the form. A POST form 
  may be obtained through the Michigan 
  Department of Health and Human Services.

  Limited Guardian

  A limited guardian is appointed by a judge to
  make limited decisions in certain instances. For
  example, the judge may say that the guardian
  can only make decisions about living arrange-
  ments. A limited guardianship can give a person
  some independence while providing the
  specific help needed.

   

 

 

PC 666 (2/18) Approved, SCAO