Alternatives to Guardianship and Conservatorship

Petitioning for guardianship should be a last resort, not the first.  

Section 5103 of the Estates and Protected Individuals Code allows delegation of power by a parent or guardian, useful for temporary absences.  A durable power of attorney can also avoid the need for guardianship or conservatorship by appointing an attorney-in-fact to handle financial affairs.

Designation of a patient advocate under sections 5506 to 5512 of the code allows for medical decision-making when the principal is unable.

For individuals reliant on Social Security or Veteran's benefits, appointment of a payee can manage finances without court intervention.

A guardian may perform some limited acts of a conservator without separate appointment, such as compelling support payments or receiving money and property for the ward's welfare.  

By exploring these alternative avenues, individuals can maintain a greater degree of autonomy and control over their affairs while ensuring their well-being and interests are safeguarded, all without the need for intrusive and costly court proceedings.

The Michigan Elder Justice Initiative has launched the Michigan Guardianship Diversion Project.  

The below flyers offer options that may be alternatives to a guardianship or conservatorship.  If you have questions about the information in the flyers, please contact the number or email listed on the flyer.

Health Care Power of Attorney (Patient Advocate)

Is someone you know unsafe at home?

Financial Power of Attorney

Is a vulnerable adult facing eviction?

Is there a problem with a bill at a long term care facility?

Financial Exploitation