Can I Get Guardianship Over My Own Parents In Michigan?

By law, the term guardianship is used to describe a person who is appointed by the court to manage another’s personal affairs due to an issue that does not allow the other to do so properly. This usually applies to elderly people that cannot take care of themselves anymore or minors that don’t have parents. The purpose of appointing a guardian is to offer protection that the other person may not be able to offer themselves.

Can I Get Guardianship Over My Own Parents In Michigan?

An adult can seek guardianship over their own parents in Michigan. The parent that needs guardianship may suffer from a disease, onset dementia, needs assistance managing affairs, or even needs assistance with medical issues. A petition can be filed for an individual to be the guardian of their own mother or father. In this situation the court will dispatch a court function called a guardian ad litem. The guardian ad litem would make a report to see if the person needs a guardian and investigate how they live and if they really do need a caretaker. Then the report would go before the court and the court would then examine the report.

Difference Between a Conservator and a Guardian

A conservator is the person who takes legal authority and responsibility over a person’s property or assets. For example, the conservator will make decisions over a person’s home or finances. A guardian is a person who has the responsibility to execute decisions about a person’s daily living situation. For example, a guardian would make decisions about a person’s medical care and housing. A guardian or conservator can either be a person or an institution, such as a bank or company. A petitioner would file a guardianship where the person resides. For a conservatorship, a petitioner would file where the person resides or where the property and assets are located.

Conclusion

Knowing the difference between Guardianship and Conservator will help you in the long run when it comes to getting your loved ones the best possible care. These matters can be stressful and draining so it is important to contact our attorneys immediately if you have any questions about guardianship or custody in The State of Michigan. If you need to file a petition for guardianship or request more information about the process, it is best to speak with Goldman and Associates Law Firm today.

Guardianship is very important to families and friends. Taking care of the people that we love is our number one priority and Goldman and Associates understands that. There are a number of ways that you can successfully get guardianship. Our attorneys will give you the outcome that you desire, we understand how important this kind of matter is to you. For more information on Guardianship in The State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about custody in Michigan.

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428

For more information visit: https://www.akivagoldman.com/michigan-legal-blog/michigan-child-custody-lawyer/

You can give us a call for a FREE phone consultation at (248) 588-3333

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Resources

http://akivagoldman.com/

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[Video] – How A Domestic Violence Charge Can Affect Your Divorce & Custody Case In Michigan

Although Michigan is a no-fault state for divorce, incidents of domestic violence are considered fault, and this fault should be considered when dividing marital assets, spousal support and determining custody. In a custody case, one of the elements that the court might evaluate to determine what is in the best interest of the child is whether there is domestic violence in the household.

Domestic violence at the very least is a misdemeanor where someone could potentially go to jail. In that scenario, you should definitely hire a skilled attorney to help you with your case. Whenever an individual’s liberty is at stake, you shouldn’t handle this by yourself. If you have any questions regarding your divorce and custody case in the State of Michigan please contact us today.

Goldman and Associates Law Firm is here to provide you with information about Domestic Violence in the State of Michigan. The video below will give you information about your Divorce and Custody case and how it relates to Domestic Violence in The State of Michigan.

[Video] – How A Domestic Violence Charge Affects Child Custody Arrangements In Michigan

Many times either during a marriage or even if there is no marriage, parties end up fighting over custody arrangements. This leads the court to determine what is in the best interests of the children. One of the factors that the court looks into when determining proper custody arrangements is domestic violence. You have to be mindful that one party may try to bait you into a potential domestic violence situation so that the other person could have a stronger position in the custody battle.

The thresholds for charging an individual with domestic violence are much lower than one might think. On the other hand, if you are a person who is routinely subject to violence in the household, then you need to let the authorities know about this. You must do this because you should not only need to protect yourself, but also need to protect the children because this could become a very important factor in determining the outcome for custody.

Domestic violence cases are not to be taken lightly so give us a call for any questions you may have about Domestic Violence in The State of Michigan.

Goldman and Associates Law Firm is here to provide you with information about Domestic Violence in the State of Michigan. The video below will give you information about How Domestic Violence Charge Affects Child Custody in The State of Michigan.

[Video] – Falsely Accused of Domestic Violence In The State of Michigan

Sometimes in a divorce or custody matter, one person will accuse the other of domestic violence. It could be a legitimate accusation, and it could also be false. If you are accused of domestic violence it is not something to be taken lightly. Ultimately, this could impact your ability to see your children.

How do I prove my innocence if I didn’t commit this offense?

In order to prove your innocence, there must be weakness in the prosecution case. A great defense attorney will be able to find the weakness in the case, and prevent the prosecution from proving that the allegations actually happened. Some questions that a defense attorney may ask are:

Did the alleged victim call 911?

Did the alleged victim seek medical treatment?

Were there any witnesses, or evidence of domestic violence?

Has this happened before?

Has the alleged victim recanted the allegations?

Are the allegations exaggerated?

These questions, amongst other questions will give the defense attorney a clear picture of the case, and help to formulate an effective defense if you are innocent.

If you are being falsely accused, give us a call today so we can help you through this process.

Goldman and Associates Law Firm is here to provide you with information about Domestic Violence in the State of Michigan. The video below will provide the facts you need to know if you have been Falsely Accused of Domestic Violence In The State of Michigan.

[Video] – Domestic Violence and How It Impacts Spousal Support In The State of Michigan

There are a number of factors that go into whether or not a person should receive alimony. One of these factors is fault, and Michigan is a no-fault state which means anyone can get a divorce based on no showing of any particular fault. Fault could specifically mean domestic violence in the household and if that is the reason the marriage breaks up, then that is a fault factor the court could look into when they decide if there should be alimony.

You should be aware that this is definitely something you must mention to your attorney when you hire one. The opposing party must be notified that there is such a claim because this could be part of the fault factor when determining spousal support.

As with division of marital property, fault may be used in determining an award for spousal support. While the court takes in consideration many factors when determining spousal support, domestic violence falls under the factor “the past relations and conduct of the parties.” In fact, the court has noted that past conduct of the parties that causes fear of personal danger is an appropriate justification for an award of spousal support.

Each factor for the granting of spousal support must be examined with the domestic violence allegations in mind, to support a request for spousal support. If you find yourself in this situation, you should speak to our attorneys at Goldman and Associates who are experts in handling this kind of matter and can successfully help you through this process.

Goldman and Associates Law Firm is here to provide you with information about Domestic Violence in the State of Michigan. The video below will give you information about Domestic Violence and How It Impacts Spousal Support In The State of Michigan.

[Video] – Custody and Domestic Violence in The State of Michigan

There are a dozen factors that the court uses to determine what is in the best interest of the child. If one person in the household has a history of domestic violence then the court may give custody to the other person. The fact of domestic violence does not necessarily disqualify you from receiving custody. The court will examine the details of the domestic violence charge and when it happened among other factors. With our attorneys at Goldman and Associates we will provide you with the best possible outcome. Contact us today if you have any questions regarding Domestic Violence in the State of Michigan.

Goldman and Associates Law Firm is here to provide you with information about Domestic Violence in the State of Michigan. The video below will give you the facts about Custody and Domestic Violence in The State of Michigan.

[Video] What Is Domestic Violence?

“A pattern of controlling behaviors, some of which are criminal, that includes but is not limited to physical assaults, sexual assaults, emotional abuse, isolation, economic coercion, threats, stalking and intimidation. These behaviors are used by the batterer in an effort to control the intimate partner. The behavior may be directed at others with the effect of controlling the intimate partner.”

What people do not often realize is once the police get involved in your domestic violence case, you can stop them from proceeding with the charges. In a domestic violence case, it is the state of Michigan against the defendant, not the victim against the defendant. What you need to realize is that once you start this case, you better be sure you are ready to go through the departure of your spouse. In some cases there can be a no contact order, your spouse may not be able to call you or speak with you, and it may impact his ability to work. Going through a domestic violence case can be extremely challenging and nerve-wracking, so therefore you need to contact an attorney who can help guide you through this process.

Goldman and Associates Law Firm is here to provide you with information about Domestic Violence in the State of Michigan. The video below will give you the basic rundown of Domestic Violence and what you need to know about it. Domestic violence statutes are very important because they are primarily designed to maintain peace in the household, and protect someone who has been victimized also.

Guardianship in Michigan

Thousands of Guardianship and Conservatorship cases are filed every year in The State of Michigan. If you or someone close to you needs information about guardianship this is the blog to read. No matter what position you are in, if you believe you have the need to have guardianship over someone else then it can be done with the right attorney. With good communication and a solid case, your desired outcome is achievable. Here is everything that you need to know about guardianship in Michigan.

What is Guardianship?

Guardianship comes about when an individual needs to take care of another individual. There is a huge difference between power of attorney and guardianship. Guardianship is a probate proceeding, and it’s more expensive because it is a much more involved matter. The court will do a few things to determine guardianship; The court will set up a hearing to determine whether or not that person needs a guardian and they will need to determine if you, as the petitioner, are a suitable guardian. If there are multiple family members that are eligible to be the guardian, the court can deny all guardianship if they think unfit and assign its own guardian that the court believes is trustworthy.

Emergency petitions can be filed for the court to issue temporary orders of guardianship in Michigan. For example, there may be an individual with an outstanding medical need that needs to be addressed and the hospital requires someone with authority to approve an order of surgery. The court can act swiftly on an emergency basis to appoint a guardian. People sometimes confuse guardianship with child custody, you may think there isn’t much of a difference between the two but there is.

Child Custody

With custody one or both parents are in the picture if a child is involved. Custody is when a parent has the right to raise the child and make decisions for them. Custody can be given to either parent if they are fit and the court sees that they are an appropriate choice to raise the child. Guardianship is when anyone close to the family or child wants to take the said child and care for them and raise them. This could be a family member or a friend, this does not involve either of the parents. Typical issues that need guardians appointed are:

Elderly persons with medical issues
Accident victims
Children without parents
Mentally unstable adults

The court will do a few things to determine guardianship; The court will set up a hearing to determine whether or not that person needs a guardian and they will need to determine if you, as the petitioner, are a suitable guardian. If there are multiple family members that are eligible to be the guardian, the court can deny all guardianship if they think unfit and assign its own guardian that the court believes is trustworthy.

Can I Get Guardianship Over My Own Parents In Michigan?

Yes, you can most definitely get guardianship over your parents. An adult can seek guardianship over their own parents in Michigan. The parent that needs guardianship may suffer from a disease, onset dementia, needs assistance managing affairs or even needs assistance with medical issues. A petition can be filed for an individual to be the guardian of their own mother or father. In this situation the court will dispatch a court function called a guardian ad litem. The guardian ad litem would make a report to see if the person needs a guardian and investigate how they live and if they really do need a caretaker. Then the report would go before the court and the court would then examine the report.

Conservatorship

When you talk about guardianship the word conservatorship may be thrown around here or there. A conservator is a person who takes legal authority and responsibility for a person’s property or assets. For example, the conservator will make decisions over a person’s home or finances. A guardian is a person who has the responsibility to execute decisions about a person’s daily living situation. For example, a guardian would make decisions about a person’s medical care and housing. A guardian or conservator can either be a person or an institution, such as a bank or company. A petitioner would file a guardianship where the person resides. For a conservatorship, a petitioner would file where the person resides or where the property and assets are located.

Probate Court

A guardian is appointed by a probate court. The probate court was established in order to assist individuals in guardianships, conservatorships, and in a lot of cases the probate court is used to establish and resolve estates. The process begins when you file to initiate the case, and then the court will appoint a personal representative. This representative will be the main contact that the court will use instead of dealing with multiple people. In some situations, a will can often name the personal representative.

Conclusion

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428

For more information visit: https://www.akivagoldman.com/michigan-legal-blog/michigan-child-custody-lawyer/

You can give us a call for a FREE phone consultation at (248) 588-3333

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Resources

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How Probate Works In Michigan

Probate is the legal process that takes place after a person dies. The word probate is tossed around so much that people start confusing the word and its meaning gets lost in translation. This blog will run through a basic overview of what probate is and how it affects you.

Probate

The probate court was established in order to assist individuals in guardianships, conservatorships, and in a lot of cases the probate court is used to establish and resolve estates. A lot of people don’t want their estate tied up in probate because they know the courts are slow. They know that if they have an estate and it ends up in probate court it will take many years to figure out, and in some cases this is true. It is important to talk to an attorney about all your assets and will, being prepared will help the people you love.

Probate Process

This process can be overwhelming and confusing, taking it slowly and speaking to an attorney is your best choice to get the results that you want. When you lose a loved one their assets and estate are the last thing you will be thinking about. After you have time with yourself and your family then you can start the process of going over the will and making sure things go smoothly.

The process begins when you file to initiate the case, and then the court will appoint a personal representative. This representative will be the main contact that the court will use instead of dealing with multiple people. In some situations, a will can often name the personal representative. In Michigan, probate is a legal process undertaken after a person’s death to settle their last will and testament. Probate can determine the validity of a will and ensure its execution, or, if there is no will, appoint an executor to oversee the disbursement of assets. The size and complexity of a deceased individual’s estate will likely be the primary factors in determining the length of time and amount of money spent on the probate process, but recent changes in Michigan have made it so that smaller estates are subject to far less probate regulation than they were previously.

If there is no surviving spouse, the decedent’s heirs (usually children or grandchildren) would take the remainder of the estate in equal shares. It is important to note that creditors must be paid by those who are entitled to the estate in an amount that is no greater than the value of the estate within sixty-three days after a judge’s order. There is a filing fee of $25 to open a small estate, and an inventory fee must also be paid. Another reminder is that the court only wants to talk to one representative from the family. Usually, the will has a chosen person that will be the representative if not the court will determine who that is. After the court has decided who will be the representative the court will give them a letter of authority which allows the representative to make the major decisions.

Do I Need a Probate Lawyer?

Now that you know the basics of probate court and the process you may ask yourself the question, do I need a lawyer for a small estate? No matter how big or small you should always have a lawyer when it comes to probate. The decision to hire a probate attorney is one that will ensure your legal wishes are carried out to the fullest. In short, a probate lawyer will oversee that your estate and assets are properly divided how you intended them to be. Oftentimes, the same lawyer who is responsible for drawing up a will can act as the probate attorney during this process.

If your assets and estate are important enough to you that you’d like to see your last will and testament be carried out smoothly, hiring a probate attorney to do so will complete the task with ease. Other advantages to having a probate expert administer your will include:

filing of a will / simple will
legal guardianship
conservatorship
Michigan trust
probate real estate
probate laws
living trust
legal name change / DBA

Conclusion

Probate comes into play when someone passes away and there is a will involved, you will need an attorney should an interested party contest a will, or where an objection may be made regarding a personal representative for the estate. There are a number of matters that may be initiated in probate courts across Michigan. The particular jurisdiction will dictate what matters come before its probate court. Most of these matters will require an experienced attorney should any interested party object.

Our attorneys will give you the outcome that you desire, we understand how important this kind of matter is to you. For more information on Guardianship in The State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about custody in Michigan.

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428

For more information visit: https://www.akivagoldman.com/michigan-legal-blog/michigan-child-custody-lawyer/

You can give us a call for a FREE phone consultation at (248) 588-3333

https://www.youtube.com/watch?v=e4OQ1gVIIGI

Resources

http://akivagoldman.com/

https://www.youtube.com/watch?v=L7EGe8UuQBk

How To Enforce Custody Orders [Video]

How To Enforce Custody Orders – (248) 588-3333

How does the court enforce custody orders? You can have two types of custody orders, the first one being physical custody and the other is legal custody. If a parent won’t follow the correct schedule and is withholding the child from you then you will need to enforce a physical custody order. Your lawyers will have to file a motion before the court to prove that the other party violated the order. Legal custody can also be violated, if the other parent makes a major life decision for the child without talking to you, then you should contact your lawyer. Don’t let the other party take advantage of you and break court orders. If you have questions about this, reach out to our office today for a complimentary phone consultation!

Click the link to schedule a free case evaluation: https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428
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For more information visit: https://www.akivagoldman.com/michigan-legal-blog/michigan-child-custody-lawyer/

You can give us a call for a FREE phone consultation at (248) 588-3333

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