Michigan Guardianship Duties | Living Probate & Annual Reports

Most people when they hear the word “probate” think of the probate that occurs when someone passes away without using a living trust or other probate avoidance device.  There is also what is called “living probate.”  This is the court procedure of apppointing a guardian or conservator to serve for the benefit of a minor or legally incapciated individual.

I was recently reviewing a Wayne County guardianship file.  The guardian was appointed to oversee an incapacitated ward suffering from dementia.  I was reviewing the file to ensure that the guardian was aware of the duties of serving as a guardian in a Michigan guardianship case.

Once appointed one of the key duties the guardian, who is appointed to oversee a legally incapacitated individual, must be aware of is the requirement of the completion of the Annual Report of Guardian on Condition of Legally Incapacitated Individual.  All records should be maintained throughout the year to aid in completing this form.  Failure to complete the report is a sure fire way to face the ire of the court and possibly get removed from your role as guardian.

-Christopher J. Berry, Esq.
Michigan Estate Planning Lawyer