Durable Power of Attorney vs. Guardianship in Oakland County, Michigan: What Families Should Know

Michigan Durable Powers of Attorney must include the required statutory language.

When an Oakland County resident begins to struggle with decision‑making, families often find themselves navigating the Oakland County Probate Court system for the first time. Two tools come up repeatedly in these situations: durable powers of attorney and guardianship.

Although both allow someone else to make decisions for an adult, they function very differently under Michigan law — and Oakland County’s local procedures make the distinction even more important. Understanding how these tools work can help families avoid unnecessary hearings, delays, and stress.

What Is a Durable Power of Attorney in Michigan?

A durable power of attorney (DPOA) is a document an adult signs before losing capacity. It allows them to appoint a trusted person — an agent or attorney‑in‑fact — to make financial or medical decisions.

Oakland County residents typically use two types:

1. Durable Power of Attorney for Finances

Authorizes the agent to:

• Pay bills

• Manage bank accounts

• Handle real estate

• File taxes

• Manage investments

2. Durable Power of Attorney for Healthcare (Patient Advocate Designation)

Authorizes the agent to:

• Make medical decisions

• Choose care providers

• Consent to treatment

• Make end‑of‑life decisions

Michigan‑specific requirements

Under EPIC, a valid DPOA must:

• Be signed while the person has capacity

• Be witnessed or notarized

• Contain required statutory language

• Be accepted by the agent before acting

Because it is durable, the authority continues even if the person later becomes incapacitated.

Why Oakland County families rely on DPOAs

• They avoid the need to file a petition in the Oakland County Probate Court

• They allow immediate action in a crisis

• They reduce cost and delay

• They preserve the individual’s autonomy

What Is Guardianship in Oakland County?

Guardianship is a probate court proceeding used only after a person becomes unable to make informed decisions. In Oakland County, guardianship petitions are filed at the Oakland County Probate Court in Pontiac and assigned to one of the probate judges.

A judge must determine that the person is a legally incapacitated individual under Michigan law.

Guardianship requires:

• Filing a petition

• A physician’s or psychologist’s report, if available

• Appointment of a guardian ad litem (GAL)

• A hearing before the assigned judge

• A judicial finding of incapacity

Once appointed, a guardian may make decisions about:

• Medical care

• Housing and placement

• Daily living needs

• Safety and supervision

If financial authority is needed, the court may appoint a conservator.

Local practice notes (Oakland County)

• GALs in Oakland County are thorough and often request interviews with the individual and family

• Judges expect petitioners to explore less‑restrictive alternatives before seeking guardianship

• Missing or incomplete paperwork is a common reason hearings are adjourned

• Medical Facilities in Oakland County often request court orders when no DPOA exists

Why DPOAs Matter in Oakland County Guardianship Cases

Michigan law gives priority to individuals named in a DPOA when a guardian is needed. Under MCL 700.5313, the court must consider:

1. A person already serving as guardian

2. A person the individual chooses

3. A person nominated in a durable power of attorney

4. A patient advocate or attorney‑in‑fact

Oakland County judges follow this statutory priority closely. A well‑drafted DPOA not only avoids guardianship — it ensures your chosen person is first in line if guardianship becomes necessary.

When Guardianship Is Still Necessary in Oakland County

Even with a DPOA, guardianship may be required if:

• The agent is abusing their authority

• There is family conflict or suspected exploitation

• The individual is making unsafe decisions

• A facility refuses to honor the DPOA

• No DPOA exists and immediate decisions are needed

Oakland County judges emphasize the least restrictive alternative, but they will act quickly when safety is at risk.

Final Thoughts

In Oakland County, a durable power of attorney is one of the most effective tools for preserving autonomy and avoiding unnecessary court involvement. Guardianship, by contrast, is a court‑imposed solution used only after incapacity and only when no less‑restrictive alternative exists.

Planning early — before a crisis — is the best way to protect both the individual and their family.

Disclaimer

This article is for educational purposes only and does not constitute legal advice. Every situation is unique, and Oakland County guardianship and incapacity‑planning matters can be complex. If you have questions about your specific circumstances or need guidance tailored to your family, please contact my office to schedule a consultation.