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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My father-in-law died recently. His youngest daughter has

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My father-in-law died recently. His youngest daughter has Down's Syndrome and is 52 years old. She has three sisters, one of whom is my wife. We live in MD the others are all MI residents. One of the sisters is guardian of the youngest, but has survived breast cancer and has consequent health issues. The other two sisters want to share guardianship of the youngest. We are told that MI law doesn't permit such an arrangement. What does the law actually stipulate?



One can be a guardian and the other a conservator. The Guardian may then appoint the conservator to be a patient advocate, and thereupon the duties and responsibility of the guardian as they apply to medical decisions may be shared.


Additionally, the Guardian would not have to be solely responsible for financial affairs, because the Conservator would have that autonomy and can share the information with the guardian.


Basically, it can ll be shared, just under different names.





Customer: replied 5 years ago.
"Basically, it can ll be shared, just under different names."

Can you amplify that? Not sure I understand.



As I explained. One can be the Guardian and appoint the other as a Patient Advocate. The Patient Advocate can have just as much decision making in medical decisions. Additionally, one can be a Guardian and one a Conservator.


The Guardian focusing on medical issues and the Conservator on financial matters



Customer: replied 5 years ago.
Since there are three sisters involved:

#1 is guardian
#2 is conservator
can #1 appoint #3 as patient advocate?



Well, yes, it can be that way. But I was of the understanding that the current guardian was not able to participate due to her health which is why I only mentioned the two sisters.


But yes, it can work as you describe using all 3 sisters.





Customer: replied 5 years ago.
OK 2 final points:

1. Must all caretakers [guardian,etc.] be MI residents?
2. Does MI law differ substantially from other states in this regard?



There is no stipulation that they be Michigan residents. It can be shared the way the family deems it is best and appropriate interests as long as they are capable of handling the affairs.






Customer: replied 5 years ago.
2. Does MI law differ substantially from other states in this regard?



No. Not that I am aware of. Of course, I have not researched all the states Conservatorship/Guardianship laws. But generally, it is not dictated who is a guardian, executor of an estate, etc as to where they reside. Only that they are of good moral character. For example, a felon in prison may not be an executor or guardian



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