Can a Guardian Sign a DNR Order in Michigan?
Suzanne R. Fanning PLLC » Guardianships
by Suzanne Fanning
2w ago
In Michigan, a legal guardian has the right and responsibility to make medical decisions for an incapacitated person (ward). The guardian can, for instance, select the ward’s medical providers, consent to treatment on the ward’s behalf, and access the ward’s medical record. But what about making end-of-life decisions? Can a Michigan guardian stop doctors from giving cardiopulmonary resuscitation (CPR) in the event of cardiac or respiratory arrest? In short, the answer is yes: a Michigan guardian can sign a do-not-resuscitate, or DNR order (with some exceptions that we will discuss below. With ..read more
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What to Expect at a Guardianship Hearing
Suzanne R. Fanning PLLC » Guardianships
by Suzanne Fanning
11M ago
The decision to pursue guardianship of a loved one can be a difficult, but necessary one. Most family members who seek to become a guardian of a vulnerable person do so not because they want to control their loved one’s life, but because they believe that person is at risk, physically or otherwise, without a guardian’s protection. Often, a family member who seeks to become a guardian is unfamiliar with the process, and that can make an already emotional situation even more stressful. In this blog post, we will explain what to expect at a guardianship hearing.  In Michigan, guardianship is ..read more
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Responding to Elder Abuse in Michigan
Suzanne R. Fanning PLLC » Guardianships
by Suzanne Fanning
1y ago
Learning that an older family member is being mistreated is a gut-wrenching experience. At first, as with many other types of abuse, you may not want to believe it, especially if the abuser was someone who was supposed to be caring for and protecting the victim. The initial impulse to deny that elder abuse is happening is a natural one, but once the shock wears off, you quickly realize that something needs to be done to protect your vulnerable loved one. Where do you turn? It’s important to know the types of elder abuse and the signs that it may be happening. Let’s discuss first what elder abu ..read more
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How 2021 Estate Tax Legislation in Congress May Impact Your Estate Plan
Suzanne R. Fanning PLLC » Guardianships
by Suzanne Fanning
1y ago
Since the moment President Biden was declared the winner of the 2020 election, attorneys, tax planners, and financial professionals have speculated about how the new administration might change the tax landscape, particularly with regard to estate tax planning. From the campaign through the early months of the administration, a number of proposals for tax changes have been discussed, including reduction of the 2021 estate tax exemption. A reduction to that unified exemption would reduce the amount a person or couple could give during life or leave to others upon death before incurring federal ..read more
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What is a Guardian?
Suzanne R. Fanning PLLC » Guardianships
by Suzanne Fanning
1y ago
In Michigan, the need for guardianship is growing as the numbers of aging adults with diminished capacity increase. In this blog post, I explain what a guardian does, as well as a guardian’s powers and limitations. What is a Guardian? A guardian is a person who is appointed by the probate court to make medical, placement and other decisions for an incapacitated person.   When is a Guardian necessary? A guardian is necessary when an individual, often an elder adult, loses the capacity to make informed medical decisions.  This can be due to the onset of dementia, physical illness ..read more
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What’s the Difference Between a Guardian and a Conservator?
Suzanne R. Fanning PLLC » Guardianships
by Suzanne Fanning
1y ago
Conservators have been in the news lately, with singer Britney Spears pushing back in court against her father’s 13-year conservatorship over her. Many of the people standing outside the courthouse waving “FREE BRITNEY” signs have only a vague idea of what a conservator actually does. In fact, many people are unsure of the role of a conservator vs guardian. What is the difference between a guardian and a conservator? When does a person need one or the other? If someone needs both a guardian and a conservator, can the same person serve in both roles? Conservator vs Guardian Some people use the ..read more
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Difference Between Full and Limited Guardianship
Suzanne R. Fanning PLLC » Guardianships
by Suzanne Fanning
1y ago
When a person lacks the legal capacity to make decisions on their own behalf, they need someone who can make those decisions for them. Being under the age of 18 is such a legal incapacity. For most children, the decision maker is a parent. But if the parent isn’t available, or capable of making those decisions, the child needs a legal guardian. That person may have a full or limited guardianship. In this blog post, we’ll discuss the difference between full and limited guardianship in Michigan.  A guardian is a legal adult to whom the probate court has given responsibility for the personal ..read more
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A Simple Guide To Filing For An Adult Guardianship In Michigan
Suzanne R. Fanning PLLC » Guardianships
by Suzanne Fanning
1y ago
What is Adult Guardianship? Filing for an adult Guardianship can appear daunting at first.  However, with some simple guideline, the process can be straightforward.  A Guardianship allows a person to make medical and placement decisions for another person who is unable to make those decisions (the ward).  Guardianship is most often used when a person has lost his or her ability to make decisions because of age or incapacity.  A good example is a parent who can no longer make informed medical decisions because of Alzheimers dementia.  However, it may also be used when a ..read more
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What Authority Does a Legal Guardian Have in Michigan?
Suzanne R. Fanning PLLC » Guardianships
by Suzanne Fanning
1y ago
If you are considering seeking guardianship of a loved one, you have almost certainly not come to this decision point easily. Particularly if that loved one is an older relative who is suffering from dementia, you may have spent months wrestling with the question of whether it is more appropriate to act for their protection by seeking guardianship, or to preserve their independence. The good news is, even if you become guardian of a loved one, you can (and must) still help them to be as independent as reasonably possible. You may also be wondering, if you choose to pursue guardianship, what yo ..read more
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When is Getting Emergency Guardianship Appropriate?
Suzanne R. Fanning PLLC » Guardianships
by Suzanne Fanning
1y ago
As adults, we are accustomed to making our own decisions and managing our own affairs, both personal and financial. Unfortunately, sometimes adults become unable to take care of their own needs, and someone else needs to step in to assist them, for their own protection. This may require getting emergency guardianship, also referred to as temporary emergency guardianship.  Adult guardianship is necessary when a person becomes legally incapacitated. What exactly does that mean? The Michigan Estates and Protected Individuals Code (EPIC) defines an “incapacitated individual” as someone who is ..read more
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