Understanding Guardian Liability in Michigan

A Comprehensive Guide for Guardians and Families

Guardianship entails specific legal responsibilities in Michigan, where laws establish clear standards for individuals appointed as guardians of minors or incapacitated adults. It is important for prospective guardians and families to understand the scope, limitations, and potential liabilities associated with this role. This blog post provides general information about guardian liability in Michigan by outlining the relevant legal context, common challenges, and considerations for effective guardianship. Please consult an attorney regarding your specific circumstances.

What Is Guardianship?

A guardian is a person or entity appointed by the probate court to make personal and, sometimes, financial decisions for an individual deemed legally incapable of managing their own affairs. In Michigan, guardianship can be established for both minors (children under 18) and adults who are incapacitated due to age, illness, or disability. The guardian’s duties vary depending on the needs of the ward (the individual under guardianship) and the scope of the guardianship order.

The Legal Duties of a Guardian

Guardians in Michigan are fiduciaries—a legal term meaning they are trusted to act in the best interest of the ward. Their responsibilities are outlined in the Michigan Compiled Laws (MCL).

Some key duties include:

·         Acting with utmost good faith, loyalty, and care.

·         Making decisions regarding daily living, health care, education (for minors), and placement (such as choice of residence or facility).

·         Managing and protecting the ward’s assets if granted that authority.

·         Regularly reporting to the court and, in some cases, to interested parties such as family members.

·         Advocating for the least restrictive environment and as much independence for the ward as possible.

Failure to perform these duties can lead to legal consequences, including removal as guardian, financial liability, and even criminal charges in cases of abuse, neglect, or exploitation.

Scope and Limits of Guardian Liability

While guardians in Michigan wield considerable authority, their power is not unlimited. The probate court closely supervises guardianships, and the law provides checks to prevent abuse or neglect.

Personal Liability

A guardian is not personally liable for actions taken in good faith within the scope of their legal authority. However, if a guardian fails to act prudently, acts outside their authority, or violates court orders, they may be held personally responsible.

For example, a guardian may be liable for:

·         Financial mismanagement, such as embezzlement or reckless investing of the ward’s assets.

·         Failure to provide proper care, leading to harm or neglect.

·         Abuse of authority, such as unauthorized medical decisions or unnecessary institutionalization.

·         Failing to file required reports or failing to seek court approval for certain actions.

Criminal Liability

If a guardian’s conduct rises to the level of criminal neglect, abuse, or exploitation, Michigan law provides for prosecution. Penalties can include fines, restitution, and imprisonment.

Guardianship of Adults: Unique Challenges

Guardianships for adults often involve complex medical and end-of-life decisions. Michigan law encourages guardians to prioritize the ward’s wishes and dignity. Liability may arise if the guardian disregards advance directives or court orders regarding the individual’s care.

For example, wrongful placement in a nursing home, ignoring the ward’s preferences, or failing to coordinate appropriate medical care could all expose a guardian to liability.

How Courts Supervise Guardians in Michigan

Michigan probate courts require annual reports from guardians, detailing the ward’s condition, living situation, and major decisions. The court may order investigations or require the guardian to appear in person to address concerns. Guardians must seek court approval for certain actions, such as making significant medical decisions.

Failure to comply with court orders or to provide timely, accurate reports can expose the guardian to sanctions—including removal, surcharges (monetary penalties), or referrals to law enforcement.

Best Practices to Avoid Guardian Liability

To minimize the risk of liability, guardians should:

·         Stay vigilant about the ward’s needs and preferences.

·         Follow all court instructions and deadlines.

·         Keep comprehensive records of decisions, expenditures, and communications.

·         Seek professional guidance for complex decisions.

·         Communicate openly with the ward (when possible) and with interested parties.

·         Advocate for the ward’s independence and least restrictive environment.

·         Avoid conflicts of interest, and seek court guidance if they arise.

When Liability Leads to Removal or Litigation

If a guardian is suspected of wrongdoing, interested parties (including family members, social workers, or the ward) can file complaints with the court. After investigation, the court may order removal, restitution, or other remedies. In severe cases, civil lawsuits or criminal charges may follow.

Conclusion

Guardianship is a position of trust, and Michigan law provides clear standards for performance and accountability. While the risk of liability can be daunting, careful, conscientious action and open communication with the court and family can help ensure a positive experience for both guardians and their wards. Anyone acting or considering acting as a guardian in Michigan should seek legal advice to understand their obligations and to protect themselves and those in their care.